mazagon dock shipbuilders limited certified – iso 9001 ... · rooms, fire fighting pump rooms,...

Tender no.: GM(M)/RB/2000007304 of 54

MAZAGON DOCK SHIPBUILDERS LIMITED

(A Government of India Undertaking)

Dockyard Road, Mazgaon, Mumbai 400 010. INDIA

Certified – ISO 9001: 2015 for Shipbuilding Division Tel. No.: (022) 23763254, 3246. Fax: (022) 2373 8151

E mail:[email protected], Website: www.mazagondock.in

[email protected] E-Procurement Website: http://eprocuremdl.nic.in

e-TENDER ENQUIRY (TWO- BID SYSTEM) FOR PURCHASE OF ITEMS

DIVISION-SHIP BUILDING DEPARTMENT-MATERIAL PROCUREMENT:

Tender No.(िनिवदाआईडी): GM(M)/RB/2000007304

Tender Date (िनिवदाितिथ): 24/06/2019 Tender Closing Date (िनिवदाबंदहोनेक�ितिथ) :22/07/2019

Closing Time at(िनिवदाबंदहोनेकासमय): 1400 Hrs (IST)

Tender Opening Date(िनिवदाखोलनेक�ितिथ): 23/07/2019 Tender

Opening Time(िनिवदाखोलनेकासमय): 1500 Hrs (IST)

EMD: INR 60,000/- (Rupees Sixty ThousandOnly)

MAZAGON DOCK SHIPBUILDERS LIMITEDINVITES ON-LINE COMPETITIVE BIDS from reputed Bidders / Vendors in TWO BID SYSTEM (Part-I Techno Commercial Bid and Part-II Price

Bid) on our e-procurement portal, for the following Supplies:

Issue of Tender enquiry document: - The tender enquiry can be downloaded from our website http://eprocuremdl.nic.in / www.mazagondock.in (Path:- Tenders->Shipbuilding->Material Purchase)

and from CPP portal / Government E- market Portal.

Note: - This Tender is to be filled through E- tendering mode only on E Procurement Portal. Online bids

on our E-procurement portal only will be accepted. Bids submitted in any form other than online

submission will not be accepted.

1. Description of work: Survey of Site, Design, Manufacture, Supply, Installation, Fitting &

Commissioning of LED Flood Lighting Fixtures:

Sr.

No. Description of Item

Quantity Unit Delivery period #

1.

Supply of LED Flood Lights (Input Voltage:

230VAC +/-10%)(Only Supply) (i) 200 W, Quantity: 220 Nos

(ii) 300 W, Quantity: 10 Nos (Please refer Technical Specifications & Scope

of Supply below at Sr. No 2, Tender Item 1&2)

1 Set

Within 3 Months

from PO date

2.

Installation, Testing & commissioning of LED

Flood Lights. REPLACEMENT (removal of

existing Lights & Installation of New Lights) (Only

Installation & commissioning of supplied quantities at Sr. No. 1)

(i) 200 W, Quantity: 137 Nos

(ii) 300 W, Quantity: 10 Nos

(Please refer Technical Specifications & Scope

1 AU

Within 3 Months

from PO date


of Supply below at Sr. No 2, Tender Item 1&2)

3.

Supply, testing & commissioning of LED Flood

Lighting Fixtures. (Only Supply)

(i) 200 W, 110 V AC +/-10%, Quantity: 25 Nos

(ii)150 W, 110 V AC +/-10%, Quantity: 25 Nos

(Please refer Technical Specifications & Scope

of Supply below at Sr. No 2, Tender Item 3)

1 Set

Within 3 Months

from PO date

Note for Sr. No. 1 & 2:Total 230 Nos LED Flood Lights are to be supplied and out of these 230 LED Flood

Lights only 147 LED Flood Lights are to be installed and commissioned.

Note for Sr. No. 3: All the 50 Nos LED Flood Lights are to be supplied, tested and commissioned and does

not involve installation.

# Delivery period covers complete scope including Survey of Site, Design, Manufacture, Supply, Installation,

Fitting & Commissioning of LED Flood Lighting Fixtures.


2. Technical Specification &SCOPE OF SUPPLY:

1. DETAILED SCOPE OF WORKfor Tender Item 1& 2:

1.1 The scope of work includes Survey of site, Manufacturing of 230 nos. LED Flood Lights (220 nos.

200 W & 10 nos. 300 W), Testing & Inspection at manufacturer’s works, packing & forwarding,

unloading at site, Removal of existing HPMH/HPMV Light Fittings, Installation, Testing and

Commissioning of LED Flood Lighting fixtures (Ratings, Quantities of existing lights to be removed,

New Installation and Supply as detailed below at Para 1.3. The Vendor should visit MDL site to

make assessment of the installation requirement.

1.2 The work is to be carried out at Module Shop, Maintenance Workshop, Pump Rooms, Compressor

Rooms, Fire Fighting Pump Rooms, High Mast Tower and Luffing Cranes Machine Rooms.

1.3 The wattage ratings and quantities are as below:

Description Wattage Quantity

A REPLACEMENT (Removal of existing Lights &

Installation of New Lights)

Notes:

i) Existing cable to be used for power supply.

ii) Suitable Junction boxes with cable entry glands to

be supplied and installed near the light fittings for

power connection.

200 W 137 nos.

300 W 10 nos.

B SUPPLY (Installation not required) 200 W 83 nos.

Total (A + B ) 230

200 W = 220 nos. & 300 W = 10 nos.

2.0 Notes:

2.1 Any other material / activities / equipment which are not specifically mentioned above, but are

required for the successful commissioning of LED lighting fixtures shall be in the vendor’s scope.

2.2 Following documents are to be submitted along with the technical bid.

a) Detailed technical catalogue of offered LED Lighting fixtures

b) LM 79 Type test report of the LED Flood Light model offered.

c) LM 80 Type test report for the LEDs used in the Lighting Fixture.

d) Photo biological safety test report (IEC 62471) of the LEDs used in the Lighting fixture.

e) Type Test Report for IP 65 Ingress Protections for Enclosure of LED LightingFixtures.

The above Test Reports shall be issued by a Govt./ Govt. Approved/ NABL/ Accredited/

Internationally Accredited Lab.


2.3 Following points shall be taken care while designing the lighting system.

1 High efficiency LED i.e. lumen /watt to be preferred and thermal management to be adopted for long endurance.

2 Thermal management: High pressure Die cast aluminum housing with toughened glass cover and efficient heat sinking material.

3 EMI – EMC Compatibility - Electro-Magnetic Interference - Electro-Magnetic compatibility shall be as Per CISPER 15 A

4 LED’s shall be mounted on aluminum metal core printed circuit board of thermal conductivity more than 2.0W/mk and thermal pad with thermal conductivity in array type LED Lighting fixtures

5 The LED lighting fixture shall be tested for Photo Biological Safety of Lamps and Lamp Systems- Part 2: Guidance on Manufacturing Requirements Relating to Non-Laser Optical Safety as per IEC – 62471. The firm shall submit the supporting documents for compliance of the same at the time of offer itself.

3.0 Detailed technical specification of LED Lighting Fixtures 3.1 The LED lighting fixtures shall be SMA type.

3.2 The lighting fixture shall be as per the following technical specification.

Sr. no. Description Ratings

1 Ratings of LED lighting fixture 200 W – 220 nos. 300 W – 10 nos.

2 Input Voltage 230VAC +/-10%

3 Input Frequency 50Hz

4 Power Factor > 0.95 At Full Load & 240 VAC

5 Life expectancy Minimum 50000 hrs.

6 Lumens Per Watt More than 100 Lumens / Watt

7 Color Temperature >5000K

8 Color rendering index >70

9 System Efficacy >100

10 Make of LED PHILLIPSLUMILED/ BRIDGELUX/ CREE / OSRAM /NICHIA/CITIZEN/ LG or Equivalent

11 Driver efficiency >85%

12 Surge/Spike Protection >5KV L, N, E as per IEC 61000-4-5

13 THD (Total Harmonic Distortion) <15 % as per IEC 61000-3-2

14 Line Protection Under Voltage, Over Voltage Protection & Surge protection

15 EMI - EMC (Electro-magnetic Interference - Electro-magnetic compatibility)

As Per CISPER 15 A

16 Lamp Housing Pressure Die cast aluminum housing with toughened glass cover and efficient heat sinking material.

17 Lens Material lens (Glass/PMMA)

18 Ingress Protection Minimum IP65

19 Impact Resistance Above IK 05


20 Thermal management

External heat sink of Aluminum housing, aluminum metal core printed circuit board of thermal conductivity more than 2.0W/mk and thermal pad with thermal conductivity.

3.3 Following protection shall be provided in LED Lighting Fixtures:

a) Over voltage both at Input and Output.

b) Over current both at Input and Output.

c) Short circuit

d) Surge protection

3.4 Each LED fitting shall have min. 0.5 Meter cable for connection.

4.0. Codes & Standards

The LEDs lighting fixtures and other components in the lighting system must conform to latest

edition of IEC/ equivalent BIS Standards as specified below:

Components / Equipment / device

Applicable IEC/equivalent BIS Standard

Standard Description

Standard Number

Fittings LM 79 & LM 80

LEDs IS10322 (Part 5/Sec 3) & IEC 60598-1

LEDs Enclosures

General Requirements IP 66

Junction Boxes with cable entry glands.

IP 52

For Sampling for Inspection IS 2500

5.0 General Conditions.

a) Following codes and acts with its latest amendments shall be applicable for this work:

i) Indian Electricity Act, 2003 with amendments thereto if any

ii) Indian Electricity Rules, 1956

iii) CEA Regulations -2010

iv) Relevant standards of the Bureau of Indian Standards (IS Codes)

/International standards

v) American Society of Testing of Materials (ASTM Codes).

vi) Other approved standards and / or Rules and Regulations related to the add

subject matter of tender.

b) Design, materials, and workmanship shall satisfy all the applicable standards, specifications and

codes as applicable for LED Lighting Fixtures.

c) Junction Boxes: The power connection of the LED Lights shall be done in a Junction Box of

suitable size. The junction box shall be mounted near the flood light. The box shall be provided


with 3 nos. suitable cable entry glands to suit incoming out going cable & for looping power

supply to other fittings is required.

d) Scope of work as described in tender document is not limiting in so far as the responsibilities of

Vendor is concerned and shall include carrying out all works and providing all facilities that are

required for commissioning of LED Lighting fixtures complying fully with all requirements as

envisaged, complete in all respect and satisfying all Performance and guarantee requirements as

stated or implied from contents of tender document.

e) Vendor may have to work in energized or partly energized conditions. In such cases, it shall be

the responsibility of Vendor to arrange for necessary permits for shutdown and provide skilled

and responsible persons for the execution of works. Vendor shall organize his works during the

shutdown periods properly and complete the planned works within the time given. Vendor shall

not be paid any extra payments for working under above said circumstances.

f) Vendor shall take all necessary precautions to prevent fire / damage to MDL property in the area

of his operations and he shall be responsible to make good any damage caused.

g) Following facilities shall be provided by MDL on free of cost at MDL work site

i) Electricity ii) Water

h) Completion time is the essence of order and agreed time frame shall be firm and binding. Vendor

shall complete all activities viz. Survey of site, manufacturing of lighting fixtures, supply,

installation, testing and commissioning of LED Lighting Fixture in the specified time for

completion.

i) During execution of work, vendor shall ensure that a responsible person with authority to take

decisions is available at site. Such person deputed by Vendor shall report to MDL Officer - in-

charge for smooth execution and timely completion of work. Vendor shall be responsible for any

misconduct / indiscipline by his employees or sub Vendor. Vendor shall abide by instructions of

MDL Officer - in-charge as given in this regard. Vendor shall submit the manpower chart with

hierarchy that would be deployed at site for daily progress monitoring.

j) The firm shall comply with MDL safety & security regulation while working inside MDL. All

necessary safety precautions shall be taken by the vendor while working at height.

6.0 Tests / Inspection Factory Acceptance Tests: Pre Dispatch inspection of the manufactured LED Lights will be carried out at

manufacturer’s works. The Vendor shall give a 15 days prior intimation for the same. The LED Light

fittings shall be dispatched only after dispatch clearance from MDL. The following Quality Assurance

Plan (QAP) for Testing & Inspection of the LED Lights shall be followed. Vendor to submit their QAP

plan for approval within one week after receipt of purchase order.


Quality Assurance Plan for Inspection of LED Lighting Fixtures

No. of LED Lights to be randomly selected for Testing & Inspection = 5 nos. 200 W & 1 no. 300 W

Sr. No. Description of Test Extent of Inspection Remarks

1 Visual inspection To be Witnessed by MDL

2 Dimensions To be Witnessed by MDL

Shall be as per Catalogue & Technical Datasheet submitted at the time of offer.

3 Fitment & Assembly To be Witnessed by MDL

4 Measurement of IR Value

To be Witnessed by MDL

5 HV Test To be Witnessed by MDL

6 Luminaire Mains current To be Witnessed by MDL

7 Power Factor To be Witnessed by MDL

8 Starting test with lamp To be Witnessed by MDL

9 Resistance to Dust & Moisture

IP 65 Type Test certificate of NABL accredited Lab - Review

To be submitted at the time of offer itself

10 Electrical & Photometric Measurements

To be Witnessed by MDL.

Test to be conducted in an Integrating sphere OR Goniophotometer

11 Make of LED Module used

Documentary proof (Purchase Invoice for procurement of LEDs to manufacture the LED Lights) to be submitted. To be submitted along with inspection call/email.

12

Tests on Driver of LED Lighting Fixture: a) Wattage b) Efficiency c) Power Factor d) T.H.D. e) Surge protection f) Low Voltage g) High Voltage

To be Witnessed by MDL

Decision of MDL in regard to quality of work and materials and performance to specifications

shall be final & binding on vendor. If any item is found not conforming to standards during

test/inspection, the same shall be replaced / rectified by Vendor without any cost to MDL and

shall be re- offered for inspection within reasonable period at factory test.

J. Warranty

a) The offered LED Lighting Fixtures including the drivers shall be guaranteed for a minimum period

of 60 Months from date of supply. During this period the lumen depreciation shall not exceed the

permissible limit specified in the LM70 report of the lighting fixture. If it is found that the lumen

depreciation is more than the permissible limit, the vendor shall replace the lighting fixture with

no extra cost to MDL.


b) The vendor shall have final and total single point responsibility for the design and performance of

the LED lighting fixture, driver, control gear and all components supplied under this specification.

c) The supplier shall,

i) Warrant that the LED lighting fixture, driver and all materials to be free from defects in

Design, material and workmanship.

ii) Warrant that the LED lighting fixture will satisfy the requirements of the intended use and be

suitable for the application.

iii) Agree to repair or replace any component under this warranty at site with prevailing model of

same make, which proves to be defective during guarantee period of 60 months.

L. The codes and standards for LED lighting fixture The offered LED Lighting fixture shall be conforming to the following IEC Standards / equivalent

IS Standards and testing methods.

Standard Year Title

Vendor’s confirmation for the compliance for the offered LED lighting fixture

1 IEC 60529 2009 Degrees of Protection Provided by Enclosures (IP code

2 IEC 60598-1 2008 2008 Luminaires- Part 1: General Requirements and Tests

3 IEC 61347-2-13/ IS15885-2, Sec-13:2012

2006 Lamp Control gear- Part 2-13: Particular Requirements for D.C. or A.C. Supplied Electronic Control gear for LED Modules

4 IEC 62031/ IS16103-1:2012

2006 LED Modules for General Lighting- Safety Specifications

5 IEC 62384/ IS16104:2012

2009 D.C. or A.C. Supplied Electronic Control Gear for LED Modules- Performance Requirements

6 IEC 62471/ IS16108:2012

2006 Photo biological Safety of Lamps and Lamp Systems

7 IEC/PAS 62717/ IS16103-1:2012

2011 LED Modules for General Lighting- Performance Requirements

8 LM -79-08 2008 IESNA Approved Method for the Electrical and Photometric Measurements of Solid-State Lighting Products

9 LM80-08 2008 IESNA Approved Method for Measuring Lumen Maintenance of LED Light Sources

10 IEC 62471 – 2 / 16108:2012

Photo biological Safety of Lamps and Lamp Systems- Part 2: Guidance on Manufacturing Requirements Relating to Non-laser Optical Safety


FOR TENDER ITEM 3

TECHNICAL SPECIFICATION & SCOPE OF SUPPLY FOR

LED FLOOD LIGHTING FIXTURES (FOR TENDER ITEM 3)

Scope of work includes Design, Manufacturing & inspection at Manufacturers works,Packing& Forwarding,

Testing & Commissioning of LED FLOOD LIGHTING FIXTURES of rating & Quantities below.

Rating Quantity (Nos.)

200W, 110V AC +/- 10% 25

150W, 110V AC +/- 10% 25

A. The Scope of Work.

The scope of work includes the following but not limited to

1) Design, Manufacturing, Testing at manufacturers works, supply, testing and commissioning of total 50

nos. (25 nos. of 200W, 25 nos. of 150w) of rated voltage 110V, LED Flood lighting fixtures.

2) Following documents are to be submitted along with the technical bid.

a) Detailed technical catalogue of offered LED Flood lighting fixtures

b) Quality Assurance Plan (QAP)

c) Thermal management details

d) LM 79, LM 80 AND L 70 Test reports for the offered LED Flood Lighting

fixtures.

B. Detailed technical specification of LED Lighting fixture.

1. The LED lighting fixtures shall be of Philips/GE/Crompton Greaves/Wipro/Osram/Onida/Bajaj/

Surya or any reputed make.

2. The lighting fixture shall be as per the following technical specifications:

Sr. no. Description Ratings

1 Rating of LED Flood Lighting fixtures 200W………….25 nos.

150W………….25 nos.

2 Input Voltage 110V AC +/- 10 %

3 Input Frequency 50Hz

4 Power Factor >0.95 At Full load & 110V AC

5 Working Temperature Up to 60 degree C

6 Life expectancy Minimum 50000 hrs.

7 Lumens Per Watt More than 90 Lumens / Watt

8 Color Temperature >5000K


9 Color rendering index >70

10 System Efficiency >90

11 Make of LED LUMILED/BRIDGELUX/CREE/

OSRAM/NICHIA/CITTIZEN or Equivalent

12 Driver Efficiency >85%

13 Surge/Spike Protection >5KV L,N,E as per IEC 61000-4-5

14 THD (Total Harmonic Distortion) <10% as per IEC 61000-3-2

15 Line Protection Under voltage and Over Voltage Protection

16 EMI-EMC (Electro-magnetic-Interference-

Electro-magnetic-compatibility)

As per CISPER 15A

17

Lamp Housing

High pressure Die cast aluminium housing

should be with toughened glasscover and

efficient heat sinking material.

18 Lens Material lens (Glass/PMMA)

19 Ingress Protection IP 65

20 Impact Resistance Above IK 05

21

Distribution of Luminaire

LM 79 Test report (NABL or Internationally

accredited Lab approved test report)

22 LED module data LM80 test report by NABL approved

Lab/Internationally accredited lab

23 Mounting Arrangement Mounting Bracket 2 Nos. each

24

Thermal management

External heat sink of Aluminium housing ,

aluminium metal core printed circuit board

of thermal conductivity more than

2.0W/mk and thermal pad with thermal

conductivity.

The design of the offered LED Flood Lighting Fixtures shall be Type Tested for IP65 ingress

protection by an NABL accredited/internationally accredited Lab.Vendor shall submit TYPE TEST report

for IP65 Ingress Protection at the time of offer itself to prove the design of the offered LED lighting fixtures.

C. Following protection shall be provided in LED based lights:

a) Over Voltage both at Input and Output.

b) Over Current both at Input and Output.

c) Short Circuit

d) Surge Protection

D. Codes & Standards.


The LED Flood light fixtures must conform to latest edition of IEC/ equivalent BIS Standards as specified

below:

Components/Equipment/device

Applicable IEC/Equivalent BIS Standard

Standard Description

Standard Number

Fittings IS10322 (part 5/Sec 3) & IEC

60598-1

LEDs LM80

LEDs Enclosures General Requirements IP 65 & LM 79

E. General Conditions.

a) Design, materials, and workmanship shall satisfy all the applicable standards, specifications and codes as

applicable for LED Lighting Fixtures.

b) The uniformly distributed weight of LED Flood Lighting Fixture should not be more than 15 Kg.

F. Functional checks & Commissioning

01. Functional checks shall be conducted by the supplier on each flood light after delivery.

02. The contractor shall provide all tools, materials, labour and supervisory personnel for carrying out field

checks on the panels and materials under his scope of work.

03. These checks shall be conducted in presence of MDL Engineer and according to his directions.

04. All temporary arrangements and connections required for checks shall be provided by the contractor.

05. All equipments will be kept under working conditions for minimum period of fifteen days. After

successfully functional working, these equipments declared as commissioned.

G. Tests/Inspection

a) All standard tests on LED Flood Lighting fixtures accordance with the standards adopted & as per QAP

shall be carried out at manufacturer’s Works so as to ensure efficient operation and satisfactory

performance of the LED Flood Lighting and Fixtures.

b) Work is subject to inspection at all times and at all places by MDL

c) Vendor shall carry out all instructions given during inspection and shall ensure that work is carried out

according to relevant codes of practice & QAP.

H. Warranty

a) The offered LED Flood Lighting Fixtures including the drivers shall be guaranteed for a minimum

period of 60 Months. During this period the lumen depreciation shall not exceed the permissible limit

specified in the LM70 report of the lighting fixture. If it is found that the lumen depreciation is more

than the permissible limit, the vendor shall replace the lighting fixture with no extra cost to MDL.

b) The vendor shall have final and total single point responsibility for the performance of the LED Flood

lighting fixture, driver, control gear and all components supplied under this specification.


c) The supplier shall,

i) Warrant that the LED Flood lighting Fixture, driver and all materials to be free from defects in

Design, material and workmanship.

ii) Warrant that the LED Flood lighting fixture will satisfy the requirements of the intended use

and be suitable for the application.

iii) Agree to repair or replace any component under this warranty at site with prevailing model

of same make, which proves to be defective during guarantee period of 60months.

I. The codes and standards for LED lighting fixture.

The offered LED flood lighting fixture shall be conforming to the following IEC Standards/equivalent IS

Standards and testing methods.

Sr.no Standard Year Title Vendor’s

conformation for

the compliance for

the offered LED

lighting fixture

1 IEC 60529 2009 Degrees of protection provided by

Enclosures (IP code)

2 IEC 60598-12008 2008 Luminaires-Part-1:General

Requirements and tests

3

IEC 61347-2-13

2006

Lamp Control gear-part 2-13: Particular

requirements for D.C. or A.C. Supplied

Electronic Control gear for LED

Modules

4 IEC 60838-2-2 2006 Miscellaneous lamp holders –Part 2-2:

Particular requirements-Connectors for

LED modules

5 IEC 62031 2006 LED modules for general lighting –

Safety Specifications

6 IEC 62384 2009 D.C. or A.C. Supplied Electronic control

gear for LED modules-performance

requirements

7 IEC 62471 2006 Photo biological Safety of lamps and

lamp Systems

8 IEC 62612 2013 Self-ballasted LED Lamps for General

Lighting Services-Performance

Requirements

9 IEC 61000-3-2 2009 Electromagnetic Compatibility

(EMC)Limits-Limits for Harmonic

Current Emissions (Equipment Input

Current Less Than or Equal to 16A per

Phase)

10 IEC 61000-3-3 2008 Electromagnetic

Compatibility(EMC)Limits-Limitation of

Voltage Changes, Voltage Fluctuation

& Flicker in Public Low-Voltage Supply


systems, for Equipment with rated

Current (Less than or equal to 16A per

phase)

11 IEC61547 2010 Equipment for General Lighting

Purposes-EMC Immunity Requirements

12 IEC62560 2011 Self-ballasted LED Lamps for General

Lighting Services by Voltage > 50V-

Safety Specifications

13 IEC/PAS/62717 2011 LED Modules for General Lighting –

Performance 14 Requirements

14 IEC/PAS/62722-1 2011 Luminaires Performance-Part 1:

General Requirements

15 IEC/PAS/62722-2-1 2011 Luminaires Performance-Part2. 1:

Particular Requirements for LED

Luminaires

16 LM-79-08 2008 IESNA Approved Method for the

Electrical and Photometric

Measurements of Solid-state Lighting

Products

17 LM80-08 2008 IESNA Approved Method for measuring

Lumen Maintenance of LED light

Sources

18 ANSIC78.377 2011 Specification for the Chromaticity of

Solid State Lighting products

19 IEC 62471-2 Photo biological Safety of Lamps and

Lamp Systems-Part2:Guidence on

Manufacturing Requirements relating

to Non-laser Optical Safety

3. Prequalification Criteria: Bidders should upload following documents along with Part-I (Techno-Commercial Bid)

3.1 Commercial Prequalification Criteria

3.1.1 Bidders Company Profile and shop & establishment registration certificate/ registration

certificate from local body for conducting business/ certificate of incorporation/ factory license.

3.1.2 List of equipment held by them with model / year / working status along withdetails of their

manufacturing facilities and personnel with designation,qualification and experience to

determine their capabilities. SSI/NSIC unitscan alternatively submit valid certificate indicating

their capacity.

3.1.3 Audited / Certified Balance sheet, Profit / Loss account for past 3 years.

3.1.4 The bidder should have a minimum average turnover of at least for Rs. 15Lakhsduring the last

three years and shall submit last three years audited/certified balance sheet& profit/loss

account.


3.1.5 The bidder should have executed orders of similar supplies of value of at least for Rs. 15Lakhs

during the last 3 years and shall submit Purchase order copies, work completion certificate.

Documents should be in English language.

Similar supplies defined as: Supply & commissioning ofLED Lights.

3.1.6Authorization letter from the Principal manufacturer/OEM, in case of bidders otherthan Principal

manufacturer /OEM clearly stating that the bidder is authorized by the OEM/ Principal

manufacturer to quote for the item that is being offered and OEM shall stand

Guarantee/Warranty for the items being offered.

Note: a.Submission of documents mentioned above is mandatory for every bidder. Bidders need to submit

supporting documentary evidence in support of the Pre-Qualification Criteria Viz. Work Order, Work

Completion Certificate issued by the party for whom the work is done.

b. Bidders registered with MAZAGON DOCK SHIPBUILDERS LIMITED should furnish copy of valid

registration certificate and they are exempted only for submission of documents indicated 3.1.1 to 3.1.3.

c. MDL has a right to demand for hard copy of any of the above documents/ any other document &

verify / cause verification of authenticity of the said documents whenever felt necessary or visit their site

/ works. Bidders shall comply with the same. If the documents are not found satisfactory to MDL or/and

on verification if the documents are not found authentic to MDL, then offer is liable for rejection. MDL’s

decision in this regard will be final and binding on the bidder without stating any reason whatsoever it

may be.

4. Validity Period:Bids / Offers Shall have a validity period of 120 daysfrom the tender closing date.A bid

valid for a shorter period will be liable for rejection by MDL as non-responsive. Incase shorter validity

quoted by bidders; technically accepted bidder will be given opportunity to accept the validity of tender.

In case of non-acceptance of validity as per tender term thereafter the firm offer will be rejected as non-

responsive.

5. On-line submission of bids in Two-Bid System: Bids must be in Two parts, i.e. Part-I (Techno-

Commercial bid) and Part-II (Price Bid), as appearing on-line.

5.1 Part I Bid (Techno-Commercial bid)

5. 1.1 Detailed Technical offer for technical scrutiny along with point-wise acceptance or

offered specifications against required specification. Technical details, catalogues,

drawings, data sheets, calculations, as applicable to be enclosed/attached in

attachment provision given online.

5.1.2 Bidders to carefully fill all listed online forms providing their

comments/Acceptance/deviations, if any, in the space provided online against

respective clauses of Tender terms & conditions (TEF), GT&C and STACS,

etc.Quoted or Not Quoted whichever is applicable must be selected from dropdown

list in un-price bid form and applicable taxes must be mentioned in respective tax

column.

5.1.3 Pre-qualification documents as listed at Para 3 above.

5.1.4 Deviation Sheet if any, shall be uploaded on-line for TEF, STACS and GT&C.

5.1.5 Enterprises status (If any) to be indicated in Part-I: Micro/ Medium/ Small.

5.1.6 The scanned image of proof of Electronic transfer / BG towards Earnest Money

Deposit (EMD) / BID BOND / SWIFT Message as stipulated in TEF clause no. 6

shall be uploaded.Bidders can submit EMD amount by using the payment gateway

facility for this online payment tab is made available on MDL website. Bidders can

electronically transfer the EMD amount through NEFT/RTGS. Receipt of EMD

payment through payment gateway/NEFT/RTGS is to be uploaded along with

PART -1 offer.


The original of the NEFT/RTGS/BG/Bid bond/ swift message shall be forwarded to

GM (M) in sealed envelope super scribing Tender Enquiry No. and Due date, so as

to reach within 7 MDL working Days from the tender closing date, addressed

To,

GM (M)

II FLOOR MOGUL HOUSE

SOUTH YARD

MAZAGON DOCK SHIPBUILDERS LTD.

DOCKYARD ROAD,

MUMBAI- 400010.

In case an exemption is sought, Documents towards which EMD exemption is being

sought must be uploaded.

5.1.7

5.1.8

5.1.9

5.1.10

5.1.11

Indigenous bidders to quote in INR & Foreign bidders to quote in respective foreign

currency (preferably USD or Euro).

Bidders in their own interest are requested to upload their bids well in advance of

tender closing date to avoid the last minute difficulties in uploading the bids.

Problems in hardware/software, Internet connectivity, system configurations,

Browser setting etc., for whatsoever reason shall not be considered for extension of

tender closing date and time.

No Exemptions towards Custom duty is applicable & hence no exemptions

certificates will be issued.

Bidders quoting on behalf of overseas principals should quote in INR (Indian

Rupees) on Door delivery basis, with their principals’ authorization letter. Overseas

bidders to quote directly in foreign currency (preferably USD or EURO) on CIF

basis & also quote FOB Basis & Installation/Commissioning/Training charges

additionally.

5.2 Part-II (Price Bid)

5.2.1 Indigenous bidders to quote in INR on door delivery basis & Foreign bidders to

quote in their respective foreign currency (preferably USD or EURO) on CIF basis

and & also quote FOB Basis & Installation/Commissioning/Training charges

additionally. Indigenous bidders quoting in currency other than INR will not be

acceptable.

5.2.2 Bidder to fill their prices online, strictly, in the online price bid form only. Prices &

other charges (as listed in form) to be entered/filled in the applicable

head/cell/columns only, as prices in wrong head/cell/column which are not

applicable to you (bidder) will finally affect your (bidders) total landed cost &

accordingly ranking. Wherever any charges from the listed charges are not

applicable to bidder, then ‘zero’ to be entered in that respective head/cell/column.

Refer 'Illustrative format and guideline” at Enclosure-1 for quoting prices in online

price bid form.

5.2.3 In case of any discrepancy in the Blank Rate Schedule Format and actual On-line

Price Bid after opening of the Price Bids, the details (GST and any charges)

mentioned in the On-line Price bid shall prevail over the details in blank rate

schedule format. However the negotiated commercial terms before price bid

opening will be considered for ranking and evaluation as per para 16.

6. Earnest Money Deposit (EMD) / BID BOND:

6.1 Bidders shall have to make payment towards EMD amount of INR 60,000/- (Rupees Sixty


Thousand Only)directly from MDL payment Gateway, the path of which is provided at

Enclosure-1A or it can be submitted in form of Bank Guarantee (BG).

It is mandatory for bidders to make EMD payment through MDL payment portal or NEFT / RTGS

and therefore DD / Pay Order will not be accepted against this Tender. Bidders have to enter

Vendor Name, Nature of Payment and Tender No. in Text / Narration Field while making

NEFT / RTGS payment to Mazagon Dock Shipbuilders Limited Bank Account No. 10005255246

and a scanned copy of payment made to our Account should be uploaded in Techno-commercial

bid (Part-I) towards proof for submission of EMD against this tender.

Bidder’s offer will be categorically rejected if EMD payment will be made after tender duedate and time to Mazagon Dock Shipbuilders Limited Account. However, bank guarantee

drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED, Mumbai from the list of

Banks approved by SBI / Canara Bank published on MDL Website or bid bond/ swift message of

equivalent foreign currency for foreign bidders shall be forwarded GM (M) in sealed envelope

super-scribing Tender Enquiry No. and Due date, so as to reach us within 7 MDL working days

from the tender closing date.The scanned image of NEFT/RTGS/ BG /Bid bond/swift message

shall be uploaded at Part-I tender stage. The bid bond / Bank Guarantee should be valid for 120

days+4 weeks from the tender closing date. Similarly authorized Indian agent can submit BG from

bank as per list of banks approved by SBI / Canara bank as bank of international repute published

on MDL website on behalf foreign bank. Bidders to advise their bank/banker to send EMD

directly to commercial department or through SWIFT to dispense with additional step of

verification of authenticity of signatories. In case of EMD transmitted through SWIFT, it shall be

the responsibility of the bidder that he directs the receiving banker to forward the message duly

authenticated to the concerned commercial officer mentioned in the tender. Bids without EMD,

other than those who are exempt from payment of EMD will not be considered. EMD of

unsuccessful bidders will be returned after finalization of the tender and shall be interest free.

6.2 EXEMPTION FROM SUBMISSION OF EMD/BID BOND: Following bidders shall be

exempt from submission of EMD/Bid Bond;

6.2.1 State & central Government of India departments, Public sector Undertakings.

6.2.2 Firms registered with MAZAGON DOCK SHIPBUILDERS LIMITED (MDL) for the itemsfor which the offer is being submitted. To qualify for EMD exemption,

firms should necessarily upload VALID copy of the registration certificate issued by

MDL in Part-I offer/bid. Firms in process of obtaining MDL registration will not be considered for EMD exemption.

6.2.3 Firms registered with NSIC under its “Single Point Registration Scheme” Exemption

will apply only to items /services for which they are registered with NSIC). To qualify

for EMD exemption, Firms should necessarily upload VALID copy of the registration

certificate issued by NSIC in Part-I offer / Bid. Firms in process of obtaining NSIC

registration will not be considered for EMD exemption.

6.2.4

6.2.5

6.2.6

Firms registered as Micro and Small Enterprises (MSEs). To qualify for EMD

exemption, firms should necessarily upload VALID copy of the registration certificate

from the competent authority regarding their Micro/ Small Industry status in Part-I

offer/bid”

Common/Deemed DPSU registered vendors qualify for EMD exemption. Such

firmsshall submit valid copy of the registration certificate issued by DPSUs (other

thanMDL) for the items / services for which the offer is being submitted in Part-I

offer/bid.Firms in process of obtaining registration in other DPSUs will not be

considered forEMD exemption.

Green Channel Status vendors qualify for EMD exemption. Such firms shall

submitvalid copy of the Green channel certificate issued by MoD for the items for

which theoffer is being submitted in Part-I offer/bid. Firms in process of obtaining this

certificate will notbe considered for EMD exemption.


7. Bid Rejection Criteria;

7.1 Following bids shall be categorically rejected;

7.1.1 Bids received without EMD (other than those who are exempt from payment of

EMD), as specified in the tender

7.1.2 Bidders not agreeing to provide assistance for installation, Testing, Commissioning

& other such Technical activities of equipment supplied by them.

7.1.3 Bids received in any form other than through e-Portal

7.1.4 If the date of issue of EMD (BG/DET/Swift Message) is later than the tender closing

date.

7.1.5 Bids received after tender closing date & time.

7.2 Following bid rejection criteria may render the bids liable for Rejection

7.2.1 Bidder’s failure to submit sufficient or complete details for evaluation of the bids

within the given period ranging in between 2-3 weeks depending on the deficiencies

noticed in the technical catalog / data / drawing which shall not however conflict

within validity period.

7.2.2 Incomplete / misleading / ambiguous bids in the considered opinion of TNC.

7.2.3 Bids with technical requirements and or terms not acceptable to MDL / Customers /

External agency nominated as applicable.

7.2.4 Bids received without pre-qualification documents where required as per the tender.

7.2.5 Bids not meeting the pre-qualification parameters stipulated in the tender enquiry.

7.2.6 Bidders not agreeing to supply spares / post sale product support / post work

completion support.

7.2.7 Unreasonably longer delivery period quoted by the firm

7.2.8 Validity period indicated by bidders is shorter than that specified in the tender

enquiry.

7.2.9 Bidders not agreeing to furnish required Security Deposit / Required Contract

Performance Guarantee till completion of the supplies / services as per contract.

7.2.10 Bidders not agreeing to furnish Performance Bank Guarantee for Equipment

supplied / Services rendered or not agreeing for retention of equivalent amount by

MDL up to the period till completion of contractual & Guarantee / Warranty

obligations.

7.2.11 Offers received from OEM/Principal in addition to their authorized representative/

Dealers or OEM/Principal authorizing more than one representative for quoting

against same tender, MDL at its discretion may reject all offers (i.e. offer of OEM/

Principal and all their authorized representative/Dealers) or may consider offer of

OEM/Principal only

7.2.12 The original of the uploaded copy of EMD (BG/DET/Swift Message) if received

after seven days of the tender closing date.

7.2.13 Bidder Quoting rates with price variation clause.

7.2.14 High seas sales/ sales in transit.


7.2.15 Bidders not agreeing to MDL guarantee/warrantee terms

7.2.16 Indian bidders quoting currency other than INR and foreign bidders quoting

currency in INR.

7.2.17 Bidder not agreeing to take single point responsibility for whole scope of

work (i.e. right from supply of system/equipment till commissioning, & training at MDL site)

8. Pricing: The prices quoted shall remain firm and fixed during the currency of the order.

Bidder shall quote the prices of all items / services listed in the price sheet format of the tender

enquiry for delivery of the items in MDL store / completion of the work at MDL site. The prices

quoted shall remain firm and fixed during the currency of the order / contract unless agreed otherwise

by MDL.

8.1 For Indigenous Bidders: Indigenous Bidder shall quote the prices of all items /

services listed in the price sheet format of the tender enquiry for delivery of the items in

MDL store / completion of the work at MDL site. The prices quoted shall remain firm

and fixed during the currency of the order / contract unless agreed otherwise by MDL

8.2 For Foreign Bidders: Bidder shall quote the prices on the CIF Mumbai Port basis only.

Prices on the basis of FOB factory or ex-works are not acceptable. Bidders shall also quote their FOB prices.

The prices quoted shall remain firm and fixed during the currency of the order / contract unless agreed otherwise by MDL. Needless to state that the delivery terms by way of

high sea sales / sale in transit are not acceptable.

To arrive at the custom charges, the foreign bidders must submit the following details

along with the Part –I Bid;

1. Port of dispatch to be clearly specified

2. Containerized dispatch/ Break bulk. 3. No of required containers with their size & type (20Feet/40

Feet/Open/Closed) 4. Gross weight.

9. Terms of Payment: -MDL does not pay any advance Payment for Indigenous and Overseas

bidders.

9.1

For Indigenous Bidders: Payment for the values of the supplies and services (PO Line Itemwise (Sr No 1 & 2

combined) and Sr No 3 with complete scope including commissioning), as reduced by any deductiblesand/or the amount leviable towards liquidated damages, if any and after

including taxes etc. as may be payable through RTGS /NEFT/ECS between 15 to 20 days afterreceipt of complete set of the items / Equipment& installation/commissioning of the

same, work completion certificate (Certified by an officer of the rank of CM or above)etc of PO Line Item wise as per theordered terms and against submission of documents in

Triplicate including Delivery challan(s),Release note from the nominated Inspection

Agency, Test reports / Certificates, Packing Lists,Invoice, Performance Guarantee, Storage

/ Preservation / Demonstration / MaintenanceProcedures as per GST act& other Technical

documentation in requisite sets as relevant& subsequent confirmationof performance bank

guarantee for 10% of the total order value (excluding tax). i.e (PBG). Ifbidder will not

submit PBG, 10% amount will be retained for complete guarantee period. Bidders shall

furnish all thenecessary details like name of the bank / branch, branch code No, bank

account no in their technicalbid as per the RTGS/NEFT/ECS format provided with the

tender enquiry.

9.2 For Overseas/Foreign Bidders:


(A) Payment through L/C: -Payment to Overseas vendors will be made by the way of

irrevocable letter of credit (L/C) established through our bankers as per format at

illustrative Annexure 10. For opening L/C, Supplier should essentially furnish their

clear & timely acceptance of the order. For opening L/C, all charges outside India shall

be borne by the beneficiary (Supplier). Additional loading of prices (A) towards charges

incurred in L/C opening by MDL and (B) Interest for period of 20 days @ base rate of

SBI+2% on payment amount is to be considered while evaluating foreign bidders for

ranking purpose. In case supplier seeks L/C amendment for no fault of MDL or requires

confirmation of L/C then all charges towards L/C amendment or confirmation of L/C

respectively shall be borne by the Supplier. L/C will allow Payment on timely

presentation of following documents through bank. Opening of L/C shall be before one

month of the schedule for dispatch or before such period as may be discussed and

mutually agreed to in the PNC(Price Negotiations). The time limit for opening of L/C and/ or amendment for L/C shall be 7 days or within such no. of days as may be

stipulated in purchase order/Contract. Delay in opening of L/C can lead to corresponding delay in delivery and hence no LD is applicable on such delayed portion.

L/C will be opened accordingly after receipt of intimation about readiness of Material / items/ equipment’s. LC shall be valid for 89 days. Firm to send/submit documents as

listed in Para 9.2.1 to 9.2.12 below in originals for custom clearance of material to MDL

directly after shipment.

For Items:-

9.2.1 Set of Original + 2 Copies of signed Invoice showing item wise prices as per the order.

9.2.2 Set of Original + 2 Copies of signed Packing List clearly showing list of items packed.

9.2.3 Set of Original + 2 Copies Clean on Board Bill of Lading OR Air Way Bill made in the name of

MDL’s Bank and Marked as freight paid

9.2.4 Set of Original + 2 Copies of Certificate of approval OR Release Note from MDL nominated Inspection agency or Work completion / performance certificate or Dispatch clearance from

MDL.

9.2.5 Certificate of country of origin in Original + 2 Copies by chamber of commerce

9.2.6 Original + 2 Copies of Warranty Certificate in prescribed format.

9.2.7 Original + 2 Copies of performance Bank Guarantee (PBG) in prescribed format valid till the

complete execution of contracts as per agreed terms and settlement of amounts if any by the

supplier towards rebates/discounts/deductible/liquidated damages if any

9.2.8 Original + 2 Copies of all Manufacturer’s Test Certificates (MTCs) / Reports, Drawings,

Manuals, Procedures etc. as relevant to the ordered item.

9.2.9 Certificate Confirming that supplier has couriered / dispatched 03 sets of Non Negotiable

Documents comprising of all Test reports / MTCs, Technical Documents, Drawings, Manuals,

Procedures etc. and of Signed Invoices, Packing Lists, Bill of Lading/AWB, marked as freight

paid, Insurance policy / document (beneficiary in insurance shall be MDL) , freight paid

certificate MDL nominated Inspection Agency’s Certificate of approval, Country of Origin

Certificate, Warranty Certificate, Performance Bank Guarantee, directly to MDL.

9.2.10 Original + 2 Copies of the Certificate issued by the classified society confirming seaworthiness

of the vessel and that the shipment is made on vessels of not more than 15 years vintage.

9.2.11 Certificate issued by MDL confirming that the delivery is made in time and no liquidated

damages / penalty is applicable OR in case of delays, admissible amount of liquidated

damages/penalty will be specified by MDL in this certificate for reduction of equal amount from


supplier’s invoice. (MDL will issue this certificate generally by e-mail or FAX immediately on

arrival of consignment at port of destination, on receipt of signed copy of invoice, packing list,

approval certificate of the nominated inspection agency, copies of B/L or AWB or any other

acceptable documents confirming dispatch on CIF basis marked as freight paid , Insurance

policy/documents, freight paid certificates

9.2.12 Certificate confirming that the shipping instructions (inclusive of packing) have been followed

while packing / shipment and forwarding of details for Freight &insurance to MDL.

Important Notes for Foreign Bidders: 1. All the documents should clearly indicate the Purchaser's Order number, Import

License Number, Airway Bill / Bill of Lading Number.

2. Foreign Bidders must submit the Letter of Credit format duly filled as per Enclosure10

of the tender.

3. To arrive at the custom charges, the foreign bidders must submit the following details

along with the Part –I Bid: -

(a) Port of dispatch to be clearly specified

(b) Containerized dispatch/ Break bulk.

(c) No of required containers with their size & type (20Feet/40 Feet/Open/Closed)

(d) Gross weight.

(e) Any other specific handling Instructions/conditions of consignment.

9.3 TReDS (Trade Receivable Discounting System) for MSME bidders : "Alternate MSME vendor payment through TReDS:

“In order to address the financial needs of MSME firms, GoI has introduced a platform for

facilitating the financing of trade receivables of MSMEs from buyers, through multiple financiers

which is termed as Trade Receivables Discounting System (TReDS). At TReDS, auctioning of

invoices at competitive & transparent environment is done by financers based on Buyer’s credit

profile.

MDL is registered on the "Invoicemart" TReDS platform and M1xchange of M/s Mynd Solutions

Pvt Ltd.

MSME bidders desirous to receive payments through TReDS platform may avail the facility if they

are already registered on

1."Invoicemart" TReDS platform or by registering on it.

Contact details at "Invoicemart" TReDS platform are as below:

022 6235 7373 and a new mail id [email protected].

2. "M1xchange"TReDS platform or by registering on it.

Contact details at "M1xchange" TReDS platform are as below:

+91 9920455374 MsAshwathiJayandran email id [email protected]

+91 8839915724 MsPrinyaka Shah email id [email protected]

Desirous MSME bidders/vendors, who want to receive payments through TReDS platform, have to submit the invoice to MDL along with all the necessary requirements as per the PO and the

payment terms. Upon receipt and acceptance of the supplied material and receipt of invoices with

the mandated enclosures, after due certification of physical invoices with enclosures by

Commercial/Material Dept., Finance Dept shall upload the invoices on the "Invoicemart" TReDS

platform and process the invoices for payment. Post uploading the platform, the financier would be

bidding for the invoices and respective MSME vendors would be accepting the bid, so that they can

get the disbursement from the Financier. Any unfinanced invoices / invoices of MSME bidders

seeking payment from MDL directly, shall be processed as per the standard payment terms agreed

in PO / contract.”

10. Guarantee/Warranty: a. The Supplier shall guarantee the performance of the items for a period of 60 months after

commissioning. During this period, defects if any shall be attended free of cost within 10

working days on being notified. For details please refer TSP clause of this tender.

b. During this period, all defects arising out of defective material and faulty workmanship will be


rectified by repairing or replacing part or whole material as necessary, free of charge on door

delivery basis. Any consequential damage/defect or loss of items due to poor workmanship/poor

material quality/negligence etc. attribute to the bidder to be rectified/ replaced by the bidder free

of cost.

11 Delivery Period / Completion Schedule and Delivery Term: - The entire scope of work i.e. Supply, Installation and commissioning is to be completed within 3months

from the date of order.

Delivery Term:

(1) Supply: For Indigenous bidder: Door Delivery, MDL GRS Stores.

For Overseas Bidder: CIF, Mumbai destination port basis.

(2) MODE OF DISPATCH: Road/Rail/Air/Sea.

3)Installation, Commissioning: - For Indigenous & Overseas Bidders: At MDL site.

12 Security Deposit (SD):The successful bidder/s shall have to submit Security Deposit for an amount of

5% of the Order value excluding GST, electronically through NEFT / RTGS or in the form of Bank

Guarantee drawn in favor of MAZAGON DOCK SHIPBUILDERS LIMITED, Mumbai from the list of

Banks approved by SBI / Canara Bank published on MDL Website within 25 days from the date of

Order & must be valid up to contract period plus one month. No interest will be paid on Security Deposit. Please note that MDL does not extend any concession such as exemption in payment of

Security Deposit etc. to any organization irrespective of their status, like registration with MDL, NSIC,

SSI, and MSME etc. In case of failure to submit Security Deposit within 25 days from the date of order

placement, EMD submitted will be encashed and risk purchase clause would be invoked. The Security

Deposit will be returned only after successful execution of the order and shall be interest free. In the

event of failure to execute the order satisfactorily, the Security Deposit will be encashed by MDL. If

order is fully executed within 25 days from the date of purchase order, submission of security deposit is

not applicable. For delayed period of submission of SD beyond 25 days from date of order, bidder has to

pay applicable interest. In case the bidder is Indian Public Sector Unit, they shall submit the indemnity

bond instead of Security Deposit. Bidders may advise their bank/banker to send BG directly to

commercial department or through SWIFT to dispense with additional step of verification of authenticity

of signatories. In case of BG transmitted through SWIFT, it shall be the responsibility of the bidder that

he directs the receiving banker to forward the message. For delayed period of submission of SD beyond

25 days from date of order, interest will be recovered as mentioned below;

For foreign supplier it will be EUROBOR/LIBOR plus 2%.

For Indian suppliers, it will be SLR plus 2%.

13 Performance Bank Guarantee (PBG): The Successful bidders will have to submit PBG in the prescribed format from the list of Banks approved

by SBI / Canara Bank published on MDL Website for 10% of the Order value excluding taxes, duties,

etc., along with supply of machine/item/equipment, valid for 61 months (validity 60 months + 1month claim period) from the date of commissioning. Bidders may advise their bank/banker to send BG

directly to commercial department or through SWIFT to dispense with additional step of verification of

authenticity of signatories. In case of BG transmitted through SWIFT, it shall be the responsibility of the

bidder that he directs the receiving banker to forward the message duly authenticated to the concerned

commercial officer mentioned in the tender. If bidder will not submit PBG, 10% amountwill be retained

for complete guarantee period.

14 Bidder shall abide by all Standard Terms and Conditions of Supply (STACS), GT&C and Acceptance

formats as per Enclosures 2 & 3 contained therein should be properly filled, signed and returned by the

bidder along with techno-commercial (Part-I) bid. The bidder shall also abide statutory requirements,

Official Secret Act 1923 and Safety clause.

15 Taxes & Duties: The item-wise rates quoted in the Rate Sheet should exclude GST Taxes and Duties.


15.1 GST as per GST Laws shall be payable extra as quoted and agreed.

For Indigenous Bidders: - The rate sheet to be enclosed with the tender will indicate the rates

under each tax head viz.: GST

a. Only those bidders who indicate the taxes & duties separately as above shall be entitled for

consideration of change in corresponding rates in case of variation in statutory levies.

b. Supplier / Bidder will not be entitled to any increase in rate of taxes occurring during the period

of extended delivery schedule if there is delay in supply / completion attributed to him.

However, if there is a decrease in taxes, the same must be passed on to MDL.

c. Wherever all-inclusive prices are quoted by the bidders without bifurcation of tax elements, no

escalation can be considered in respect of any variations in statutory levies arising subsequently

because of the absence of the required base figures in the purchase order / contract.

d. No Exemptions towards Custom duty is applicable & hence no exemptions certificates will be

issued. Bidders quoting on behalf of overseas principals should quote in INR (Indian Rupees)

on FOR, Door delivery basis, with their principals’ authorization letter. Overseas bidders to

quote directly in USD or EURO on CIF basis & also quote on FOB basis &

installation/Commissioning charges additionally.

e. GST as per GST Laws shall be payable extra as quoted and agreed.

f. In case of purchases of goods/services from unregistered dealers under GST laws, GST will be paid by MDL under reverse charge mechanism

g. Benefits from reduction in rate of tax/ITC is required to be passed on to consumer. Where

“applicable GST” has been quoted as extra, Goods and service providers (except un-registered

dealers under GST Law) have to submit declaration that they have complied with ‘Anti –

profiteering clause’ under GST Law. Such declaration be given in technical bid.

h. If the vendor is registered under GST, vendor shall mention the HSN code for goods&/or \services in their tax invoice,etc. These codes must be in accordance with GST Laws and

responsibility of specifying correct HSN code for goods&/or services is that of the vendor.

MDL shall not be responsible for any error in HSN code for goods&/or services specified by

supplier/contractor. Supplier/contractor shall pay penalty and/or interest imposed on MDL or

any loss due to delay in availing ITC by MDL or any loss of ITC to MDL due to error by

vendors at any stage. MDL reserve right to recover any such interest, penalty or loss from any

amount due to supplier /contractor or vendor shall reimburse /make good such loss within

15days after intimation by MDL or otherwise.

i. In case, MDL is unable to avail ITC, supplier/contractor at their own cost shall rectify the

shortcoming in the returns to be filed immediately thereafter. Further, if the ITC is delayed

/denied to MDL/reversed subsequently as per GST Laws due to non/delayed receipt of goods

and/or services and/or tax invoice or expiry of timelines prescribed in GST Laws for availing

ITC, non-payment of taxes or non-filling of returns or any other reasons not attributable to

MDL, supplier /contractor shall pay any loss of amount alongwith interest and penalty on MDL

under GST Laws for the number of days the ITC was delayed. If the shortcoming is not

rectified by supplier/contractor and MDL ends up in reversal of credits and/or payments,

supplier/contractor is fully liable for making good all the loss incurred by MDL. MDL reserve

right to recover any interest, penalty or loss from any amount due to supplier/contractor or

otherwise.

j. If the vendor is registered under GST, the GST registration number (15 digit GSTIN) issued by

GOI shall be mandatorily provided by the vendor. vendor having multiple business verticals

within state /at multiple states with separate GST registration numbers shall forward GSTIN of

only that vertical which is involved in supply of goods and/or services. MDL GSTIN is

27AAACM8029J1ZA and vendor shall mention the same while invoicing and avoid any data

entry error on GST portal.

k. If the vendor is registered under GST, vendor shall ensure timely submission of invoice as per

the provisions/requirements/timeline promulgated by GOI in relation to GST Laws with all

required supporting documents to enable MDL to avail input tax credit promptly. The vendors

invoice inter alia should contain GSTIN of vendor, GSTIN of MDL (i.e 27AAACM8029J1ZA),

GST tax rate separately, HSN code wise goods or services, Place of supply, signature of vendor

etc. Original invoice needs to be submitted to Bill Receipt Centre at MDL gate, and a copy of the invoice should be given to the goods receiving section(GRS).


l. If the vendor is registered under GST, vendor shall file all applicable returns under GST

Laws in the stipulated time and any losses of tax credit to MDL arising due to delay in

filling will be recovered from their invoice wherever MDL is eligible to avail tax credit.

Any default towards payment of tax and/or uploading of monthly returns by supplier

/contractors, MDL retains right to withhold payments towards tax portion until the same is

corrected and complied by the supplier/contractor with the requirement of GST alongwith

satisfactory evidence.

m. The rate sheet enclosed with the tender will indicate the rates to be entered under each

head wherever applicable. Bidder must clearly mention the applicable taxes & duties. The

item-wise rates (i.e. Basic+P&F+F&I) quoted in the rate sheet should exclude taxes &

duties. Bidder should indicate GST rates as applicable separately under each of the head

in the same rate sheet, which will be paid extra based on tax invoice to the extent

applicable. The GST will be applicable on total basic rate of each item(i.e Basic +P&F

+F&I).

n. Income tax applicable on cost of services rendered in India in relation to the contract, shall

be payable by bidders (Indian & foreign).

o. In case of Indian Companies, TDS shall be carried out as per the existing Laws and Acts.


For Overseas Bidder: -All Taxes applicable outside India shall be borne by overseas bidder.

(a) In case of foreign bidders all taxes, duties, statutory levies and charges which are to be

paid for the delivery of goods & services shall be paid by the parties under the present

contract in their respective countries. MDL shall bear and pay all taxes, duties and

statutory levies in India in connection with the execution and / or performance of this

contract w.r.t. deliverables delivered and service rendered as per contract excluding

income tax applicable on service charges.

(b) Foreign bidder shall submit Tax Residency Certificate (TRC) in Part-I offer. In case of

remittances to Foreign Companies for services, as per the Income tax act and DTAA

provisions, TDS shall be carried out from the amount payable towards services. As per

the extant applicability and existing rates, following cases pertaining to TDS are

presented for clarity:

(i) Case 1 (TRC is made available by foreign bidders): Tax Deduction at Source

(TDS) @ 15% of total service payment is applicable. If this is not agreed to by the

bidder in the bid or during TNC / CNC, then this shall be appropriately loaded as

per applicable rates on the price for the purpose of ranking. However, bidders to

note that TDS rates / DTAA rates differ from country to country. It varies from

10% to 25%.

(ii) Case 2 (TRC is not made available by foreign bidders): Tax Deduction at Source

(TDS) at the rates as mentioned in the table below is applicable. If this is not agreed

to by the bidder in the bid or during TNC / CNC, then this shall be appropriately

loaded as per applicable rates on the price for the purpose of ranking. These rates

shall be as under:

Service Payment slabs

(converted in INR )

Rate of TDS applicable on total

service payment

Up to Value of INR 1 Cr. 25.75%

Above INR 1 Cr up to INR 10 Cr. 26.26%

Above INR 10 Cr. 27.0375%

16 Loading Criteria: Deviations sought by the bidder in respect of Custom Duty exemption, Freight,

Insurance, Payment terms shall be loaded on the bidder/s quoted prices during price evaluation by MDL. Among the equal bids, bidders with ISO 9000 series accreditation over Non-ISO bidders, firstly

Manufacturers then their authorized dealers will be given preference. The loading criteria that will be

adopted are detailed below & also as per Enclosure-5:

16.1 It is desirable that the bidder accepts the Payment Terms indicated in clause 9 above. Varied

payment terms quoted by bidders as compared to the terms stated in the Tender document shall

be normalized by applying S.B.I. Prime Lending Rate (prevailing at the time of opening of

Price bid) plus 2% p.a. rate of interest for the period at variation. (For Indigenous bidder) & for

overseas bidder the bids will be normalized at LIBOR/EURIBOR rate plus 2% or 6%

whichever is higher for ranking of the bids.

16.2 In case of Foreign supplier, the basic cost (CIF) shall be the basis for comparison of quoted

price. Custom clearance/Port handling / transport charges to the yard will be added to CIF cost

to arrive at door delivery cost.

16.3 Delivery of the goods at MDL premises should be the responsibility of the vendor. However,

for unavoidable reasons, if bids are exclusive of transport and/or insurance, the same will be

loaded at the cost to be incurred by MDL.

16.4 For the additional delivery period sought by the bidder over the stipulated date of delivery as

per Tender, 0.50% per completed week will be loaded to the quoted price.

16.5 Deviations sought in respect of Liquidated Damages (L D) Deviations sought in respect of rate

per week and / or maximum ceiling in respect of liquidated damages shall be loaded to the

quoted price. For e.g. The maximum ceiling towards liquidated damages speculated in the


tender is 5% and the bidder seeks to limit it to, say 3.5% then the price quoted will be loaded

by 1.5%. If the rate of L.D per week is 0.5% per week or part thereof as per tender

and the bidder seeks it as, say, 0.4% per week or part thereof, the maximum ceiling on L D as

per tender will first be equated to weeks (10 weeks in this case) and the rate proposed by the

bidder i.e. 0.4% will be multiplied by the so equated maximum period (which works out to

4%) and the quoted price will be loaded accordingly by 1%. Delivery being the essence of the

contract, it is desirable if the bidder/s adhere to the stipulated clause.

16.6

Deviations in respect of the period of Warranty shall be loaded to the quoted price @ 0.25%

per month or part thereof. This does not arise if the bidder quotes additional price for the

differential period.

16.6 The ranking of price bids shall be done on the basis of exclusive of GST. In these cases, the

variation in statutory levies etc. are not allowed unless the breakup in respect of taxes are

clearly and separately furnished in bid.

17 Ranking of Bids & Determination of L-1 Bidders: Ranking of price bids shall be done on“Item wiseL1 basis (Item1 for Sr No 1&2 combined and Item2

for Sr No 3)” with exclusive of GST.

If any variations in statutory levies, the break up in respect of any charges is clearly and separately

furnished in the bid and the MDL is satisfied that the rates of taxes indicated therein are in line with the

tax law, so that escalation due to variation in the taxes can be justifiably considered to the extent

legitimately allowable on the base amount(s) indicated in the bid. Therefore, bidder is requested to

show the break up regarding taxes as applicable in the bid.

Note: 1. If Service Component exists in an offer from a foreign vendor, then Tax Residency certificate (TRC)

should be submitted with Part I offer. If no TRC is submitted, then the enhanced Income Tax rate and

Service Tax thereon will be considered while determining L-1.

2. In case of overseas supplier the “CIF cost + Installation/comm. Charges + Custom duty + IGST (if

ITC not available) + Custom clearance + Port handling + transport charges to the yard, if any + LC

opening charges + Interest for period of 20 days @ base rate of SBAR plus 2% + Income tax of Service

Component on payment amount” shall be the basis for comparison of quoted price. Custom Duty, IGST,

Custom clearance, Port handling, transport charges to the yard will be added to CIF cost to arrive at door

delivery cost. FOB and CIF price shall be inclusive of registration charges.

3. Techno-Commercially Qualified Item wise L1 “(Item1 for Sr No 1&2 and Item2 for Sr No 3)”

lowest bidder exclusive of GST will be considered for the placement of order. 4. On-line Ranking visible to the bidders after opening part II price bid is without loading parameters.

However, the L1 bidder will be evaluated offline after consideration of all applicable loading parameters

as mentioned in the tender document and commercial terms.

5. In case of any discrepancy in the Blank Rate Schedule Format and actual Online Price Bid after

opening of the Price Bids, the details (GST) mentioned in the On-line Price bids shall prevail over the

details in blank rate schedule format.

18 Consignee: The Successful bidder/s shall arrange dispatch of goods by appropriate Rail / Road / Sea /

Air transport mode as per the order to ‘MDL STORES’ and further to User dept. on working days

(Monday to Friday) between 8.00 hrs. to 15.00 hrs. (Lunch Time 11.30 to 12.00 hrs.).In case

truck/tempo reaches our yard beyond above time the same may be retained over night at your risk &

cost. Unloading and stacking the receipt store shall be to bidders account.

An advance copy of invoices along with other relevant documents shall be forwarded to the purchaser

sufficiently in advance to enable clearance of cargo within allowed demurrage free days to avoid

demurrage. In case of door delivery orders, the supplier shall categorically direct the transporter to

deliver the ordered items without insisting for consignee copy of the Lorry Receipt.

19 Modifications to the Bids: - Bidder will not be allowed to bid after the closing time is over.

Bidder can change the submitted bid any number of times till the closing time and the last changed bid


will be considered for ranking of the bids.

20 Public Grievance Cell: A Public Grievance Cell headed by General Manager (F-CA) has been set up in

the Company. Members of public having complaints or grievances are advised to contact him on

Wednesday between 10.00 hours and 12.30 hours in his office on 6th

floor , Mazdock House Building,

MAZAGON DOCK SHIPBUILDERS LIMITED, Dockyard Road, Mumbai - 400010 (022 – 23762121 ,

23759793) or send their complaints / grievances to him in writing for redressal.

21 Supply on MDL Holidays: Request for permission for delivery on Saturday / Sunday / holidays if

required, should be submitted 3 working days prior to the date of holiday, to Personnel department and

Security through concerned Dept.

22 Liquidated Damages: Time is an essence of the contract therefore the job, as ordered (Complete Scope

of supply as per PO Line Item wise i.e Item 1 for Sr No 1& 2 and Item 2 for Sr No 3), should be completed on the dates mutually agreed upon in accordance with the delivery/completion schedule. In

cases of delay not attributable to Purchaser beyond the agreed schedule, the Successful bidder shall pay

liquidated damages, a sum representing 0.5% (Half per cent) per week or part thereof, subject to

maximum of 5% of the final Order / Contract value (excluding taxes).

Vendor / Contractor (Seller) will also be liable to pay Liquidated Damages for late delivery of Manuals,

Drawings and Documentation as agreed to by Purchaser and Vendor / Contractor (Seller) and as stated

in the Purchase Order. The amount of such damages will be clearly defined in the Purchase Order and

may extend up to 5% of the Order Value(excluding taxes).

Date of successful completion of entire scope as mentioned in tender/order (including, supply,

installation / erect, testing, commissioning and training, submission of documents, etc.) shall be

considered as date of delivery for purpose of levy of liquidated damages unless specifically mentioned

otherwise.

In case of any delay attributable to MDL as certified by the officer in the rank of Chief Manager and

above from the concerned department, such period will not be considered for the purpose of levy of

liquidated damages.

Part levying LD on item-wise and/or quantity-wise may be considered at the sole discretion of MDL.

However, request for levying of LD on activity basis (i.e. separately for receipt of item in MDL,

installation & commissioning, training, submission of documents, etc.) shall not be considered.

23 Hindrance Register: All hindrances with date of occurrences and removal shall be noted in the

Hindrance Register. The Hindrance Register shall be signed by the reps of both MDL as well as

Contractor.

24 Assistance for Installation & other Technical activities: a. Services of engineers/Manpower in connection with assistance of delivery, loading/unloading,

installation, setting-in-work, testing, tuning, commissioning and training to be considered in the scope of

supply.

b. All machinery, equipment’s, Oxygen/other fuel gas for cutting, fork lift, welding, Tools & Tackles,

accessories, spares, Chemicals, consumables, Special tools, Fixtures and tackles, Workshop and

fabrication shop, Calibration facility and Local transportation, storage & preservation materials, Ist fill

of Oil, lubricants, grease & other resources etc. required for Installation, commissioning work to be

arranged by contractor. Space, water& electricity will be provided by MDL.

25 Spares / Post sale product support: a. The Bidder shall assure a continuous supply of spare parts for at least 10 years from the date of

commissioning of the machine at MDL.

b. List of Service centers & Setup details to be provided. c. Standard accessories required for making item/equipment/machine operational & ready to use should

be included in the scope of supply.

d. All defective parts / spares can either be repaired or replaced by new parts. Spares replaced will be

either of same make or equivalent as suggested by the OEM after consultation with MDL. However, the

total responsibility of the quality of spares supplied or parts repaired, shall be with the Contractor.

e. If any defective part/item/equipment required to be taken out to the service center by the firm for the


further repairing, the firm shall be asked to submit the necessary indemnity bond/BG as required.

Taking out defective part/item/equipment from MDL and bringing back repaired part/ item/ equipment

to MDL is in the firm’s scope of work. The firm has to bear all the transportation charges & transit

insurance.

26 Inspection -

(a)Pre Dispatch Inspection:Factory Acceptance Tests: Pre Dispatch inspection of the

manufactured LED Lights will be carried out at manufacturer’s works. The Vendor shall give

a 15 days prior intimation for the same. The LED Light fittings shall be dispatched only after

dispatch clearance from MDL. The following Quality Assurance Plan (QAP) for Testing &

Inspection of the LED Lights shall be followed. Vendor to submit their QAP plan for

approval within one week after receipt of purchase order. (b)Receipt Inspection:Inspection will be carried out by Inspection cell along with user

department, on receipt of material in MDL.MDL shall carry out necessary inspection of the

items on receipt in the MDL Yard on the basis of appropriate MDL Inspection system

requirements along with the representative of user dept. & the Inspection documents

submitted by suppliers. Any objection raised by MDL inspection team against quality of material or workmanship shall be satisfactorily corrected by the supplier at his expenses

including replacement as may be required within shortest possible time within 30 days.

Items damaged during transit shall also be rectified or replaced by the supplier within

shortest possible time.

(c)Rejection of the material: Any portion of the equipment found defective/rejected, the

supplier shall collect the same at his cost from the MDL Yard, all incidental charges being

born by supplier, (inclusive of custom duty, if payable), within 30 days from the date of

intimation to the supplier of such rejection. The MDL reserves the rights to dispose off the

rejected item at the end of a total period of 90 days in any manner, to the best advantage to

the MDL& recover storage charges & any consequential damages, from sale proceeds of

such disposal.

(d)Final work completion certificate in respect of completion of entire scope of work will be

certified by MDL user dept. not rank below Chief Manager for payment purpose.

27 RISK PURCHASE & CANCELLATION OF ORDER: (a) If the equipment / article / service or any portion thereof be not delivered / performed by the

scheduled delivery date / period, any stoppage or discontinuation of ordered supply / awarded

contract without written consent by Purchaser or not meeting the required quality standards the

Purchaser shall be at liberty, without prejudice to the right of the Purchaser to recover Liquidated Damages / penalty as provided for in these conditions or to any other remedy for breach of

contract, to terminate the contract either wholly or to the extent of such default. Amounts

advanced or part thereof corresponding to the undelivered supply shall be recoverable from the

Contractor / Bidder at the prevailing bank rate of interest.

(b) The Purchaser shall also be at liberty to purchase, manufacture or supply from stock as it deems

fit, other articles of the same or similar description to make good such default and or in the event

of the contract being terminated, the balance of the articles of the remaining to be delivered there

under. Any excess over the purchase price, cost of manufacture or value of any articles supplied

from the stock, as the case may be, over the contract price shall be recoverable from the Bidder /

Vendor / Contractor.

(c) The Purchaser reserves the right to cancel an order forthwith without any financial implications

on either side, if on completion of 50% of the scheduled delivery/Completion period the progress

of manufacture/Supply is not to the satisfaction of Purchaser and failure on the part of the

Bidder/Vendor/Contractor to comply with the delivery schedule is inevitable. In such an event

the Bidder/Vendor/Contractor shall repay all the advances together with interest at prevailing

bank rates from the date of receipt of such advances till date of repayment. The title of any

property delivered to Purchaser will be reverted to the Bidder/Vendor/Contractor at his cost.

(d) In case of breach / non-compliance of any of the agreed terms & conditions of order / contract.

MDL reserves the right to recover consequential damages from the vendor / contractor on

account of such premature termination of contract.

(e) In case of delay beyond agreed period for liquidated damages or 10weeks from contractual


delivery period whichever is earlier, MDL reserves the right to cancel the order and procure the

order items / services from any available source at MDL’s option & discretion and entirely at

your risk and cost. Extra expenditure incurred by MDL in doing will be recoverable from

Bidder/ Supplier/ Contractor.

28 INDEMNIFICATION: The Bidder / Vendor / Contractor, his employees, licencees, agents or Sub-Vendor / Sub-contractor,

while on site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against direct

damage and or injury to the property and or the person of the Purchaser or that of Purchaser's employees,

agents, Sub- Contractors / Suppliers occurring and to the extent caused by the negligence of the Bidder /

Vendor / Contractor, his employees, licencees, agents or Sub-contractor by making good such damages

to the property, or compensating personal injury and the total liability for such damages or injury shall be

as mutually discussed and agreed to.

29 In case of any clarifications, bidders are requested to contact the undersigned, before the closing date of

the tender. Bidders can also contact toll-free customer help line of e-procurement portal

http://eprocuremdl.nic.in

For any further details of e-tendering & digital signatures, please contact on email id: eproc-

[email protected], Ph no. 0120-4200462, 0120-4001002

Bidders intending to witness the Tender opening shall log on to http://eprocuremdl.nic.in using

digital signatures for witnessing the opening

30 MDL reserves the right to consider placement of Order in part or in full against the tendered quantity.

31 Bidders can participate in online bidding

• By registering with above referred portal for User ID and password.

• By obtaining class III DSC (Digital Signature Certificate) for secured bidding.

32 In case Indian representative of overseas bidders are participating on behalf of their principal, an

Authorization letter from their principal stating, “they are authorized to quote on behalf of their

principal to this tender” should be uploaded with Part-I bid.

33 In case of improper on-line filling of Acceptance Formats for Tender Enquiry Form, General Terms &

Conditions (GT&C) and Standard Terms & Conditions (STACS), it shall be presumed that all our

tender terms & conditions are acceptable to you.

34 Invoices should be submitted immediately within two to three MDL working days (preferably the

invoices should accompany supply) after execution of the orders/expiry of contract. Thereafter any

discrepancies/pending claims regarding payment or any other matter related to this order/contract

should be brought to MDL’s notice in writing within 30 days of otherwise final payment by MDL,

beyond which no claims whatsoever will be entertained.

35 The contract will be governed by STACS and General Terms and conditions while executing work. In

case of discrepancy, clauses mentioned in Tender, Technical Scope and Rate sheet will override the

clauses mentioned in other annexure including STACS & GT&C.

36 MDL shall not be bound by any printed conditions or provisions in the sellers bid forms or

acknowledgement of contract, invoices, packing list and any other documents which purport to impose

any conditions at variance with the tender terms / final negotiated & accepted terms.

37

PURCHASE PREFERENCE TO MAKE IN INDIA:

As per Public Procurement Order Ref No. P-45021/2/2017-B. E-II dtd. 15.06.2017 issued by Govt. of India

to encourage “Make in India” policy, Purchase Preference shall be given to local suppliers in the following

manner.


(a) The terminology/ definitions used in the said order is as below:

(i) “Local content” means the amount of value added in India, be the total value of items

procured excluding net domestic indirect taxes) minus the value of imported content in

the item (including all customs duties) as a proportion of the total value in percent.

(ii) “Local Supplier” means a supplier or service provider whose product or service offered

for procurement meets the minimum local content, as prescribed under the said Order or

by the competent Ministries / Department in pursuance of said order.

A Local Supplier can be an Indian or Foreign bidder.

(iii) “Margin of Purchase Preference” means the maximum extent to which the price

quoted by local supplier may be above the L1 for the purpose of purchase preference.

The margin of purchase preference for the present tender is 20%.

(b) Minimum local content:

(i) The minimum local content in the offer is to be not less than 50% for the present tender

for a bidder to be considered as a Local Supplier.

(ii) The local content can be increased through partnerships, cooperation with local

companies, establishing production units in India or Joint Ventures (JV) with Indian

suppliers, increasing the participation of local employees in services and training them.’

(iii) On opening of the price bids, if it is identified that there is difference in price receive &

declaration made and local content is now not meeting the specified tender requirement

(i.e. only on the quoted price without any loading) then such case will be processed

without any purchase preference.

(c) Declaration by Local Supplier: Local Supplier should declare that the item and service offered meets the minimum local content & indicate its percentage in their offer which shall meet (or even

offer more) required content as specified in tender. This declaration is necessary even if Custom

Duty Exemption and / or ERV (if applicable) are not being sought. Following documents are to be

submitted in technical offer-Part-I bid:

(i) Local Component list i.e. Items and services which are being procured / produced

domestically by supplier in the system / equipment / service offered against tender. This

list shall include all the components, raw materials, sub services etc.

(ii) Foreign / Imported Component list i.e. Items and services which are being supplied by

bidder from outside India in the system / equipment / service offered against tender.

This list shall include all the components, raw materials sub services etc.

(iii) Bidders shall give the details of the location(s) at which the local value addition is

made. Additionally, location(s) details from where foreign / imported components are

being supplied be also informed.

(iv) Bidders shall give the price break-up in percentage for “Local Component” and

“Foreign / Imported Component”.

(v) Custom duty applicable on FE component for all foreign items.

(vi) The Local Suppliers are required to provide self-certification as per Annexure-A.

Note:

In cases of procurement for value in excess of Rs. 10 Crores, the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in

case of companies) or from a practicing cost accountant or practicing charted accountant (in

respect of supplier other than companies) giving the percentage of local content & applicable

item wise custom duty.

Once the declaration / certification is committed at tender submission stage, the same cannot

be altered at technical negotiation stage or after award of contract otherwise would be treated

/ considered as false declaration by bidder.

In the event of bidders not declaring or declaring less local content percentage in the offer,

MDL will consider quote / bid of such bidders with local content as “0” or “NIL” i.e. the

offers of such bidders will be treated as a “Non Local Supplier” where no purchase

preference shall be granted to these bidders.


(d) If the Local Supplier is also a MSE Vendor seeking the benefit of Public Procurement Policy for

MSEs –Order 2012, then such bidders should not seek benefits against the Preference to Make in

India policy – Order 2017. Such bidders should categorically seek benefits of only one policy

which cannot be modified subsequently, once declared in the Annexure-A referred above while

submitting the bid.

(e) Custom duty issue: Imported / FE content is inclusive of all custom duties which is required for

arriving local content. Bidders to note the following about declaration of FE Content.

(i) All bidders should upfront declare line item wise custom duty duly certified. Such

declared custom duty percentage will only be considered for arriving local content.

(ii) In the event if the rate of custom duty is found higher than the declared custom duty by

bidder, then the bidder’s declaration shall be final for arriving L1 bid. Also in such case

the difference in custom duty would be to bidders account. In case of foreign bidders, the

same would be to bidders account and shall not be borne or reimbursed by Shipyard.

(iii) In the event of rate of custom duty happens to be lower at the time of clearance of goods,

then actual custom duty shall be payable.

(iv) Notwithstanding above, local content shall be calculated based on the declared custom

duty by the bidder in techno-commercial bid.

(f) Preference to Local Supplier: The following procedure will be adopted for deciding on

preference to Local Supplier over a non-local supplier w.r.t. Public Procurement (Preference to

Make in India) order 2017.

(i) Among all qualified bids, the lowest bid will be termed as L1. If L1 is from a local

supplier, the contract will be awarded to L1.

(ii) If L1 is not from a local supplier, the lowest bidder among the local suppliers, will be

invited to match the L1 price subject to local supplier’s quoted price falling within the

margin of purchase preference and contract shall be awarded to such local supplier subject

to matching the L1 price.

(iii) In case such lowest eligible local supplier fails to match the L1 price, the local supplier

with the next higher bid within the margin of purchase preference shall be invited to match

the L1 price and so on and contract shall be awarded accordingly. In case none of the local

suppliers within the margin of purchase preference matches the L1 price, then the contract

may be awarded to the L1 bidder.

(g) Preference between LS and MSE Bidder: {This clause is applicable only if line items are

separable and MSE preference clause is also applicable} Between the MSE and Local Supplier,

the MSE bidder will be given preference to match with L1 bidder as per Public Procurement Policy

for MSEs Order 2012. MSE vendor will be evaluated with L1+15%. MSE doesn’t fall under Public

Procurement (Preference to Make in India) Order 2017

Local Supplier will be evaluated with L1+20% (Margin of Purchase Preference ordinary) as per

Public Procurement (Preference to Make in India) Order 2017.

(h) After the contract is awarded and the supplies are completed, each supplier shall provide the

supporting documentation towards realization of committed Local Content as per the contract /

order terms & conditions. In addition to these documents, a “Local content certificate” also shall be

submitted stating the percentage of local content in the items or services measured. The “Local

content certificate” shall be submitted along with the invoice.

Note: In cases of procurement for value in excess of Rs. 10 Crores, the local supplier shall be

required to provide a certificate from statutory auditor or cost auditor of the company (in case of

companies) or from a practicing cost accountant or practicing charted accountant (in respect of

supplier other than companies) giving the percentage of local content.

(i) False declaration will be in breach of Code of Integrity under Rule 175(1)(i)(h) of GFR 2017 for

which a bidder or its successor can be debarred for up to 2 years as per Rule 151(iii) of GFR 2017


38

along with such other actions as may be permissible under law.

(j) Complaints / Grievance: Any complaints / grievances relating to implementation of this order

shall be taken up by Public Grievance Cell of MDL headed by GM(F-P&S).Fees for filing a

complaint under the order shall be Rs. 10,000/- per case. The complaints shall be filed to the

Chairman, Public Grievance Cell. The fee shall be deposited in MDL’s Account by NEFT.

Freak Low Quotes: In case after opening of price bid of technically cleared firms, it is noted that L-1 firm

has quoted very low rates and indicates to withdraw from the tender then EMD shall be forfeited and firm

may be given tender holiday including intimation to other PSUs. If the rates quoted are less than MDL

estimates by 40% or so and if the difference in rate between L1 and L2 is 30% or more than the firm will

have to give additional BG of 20% of the PO value as additional security. Bank charges for this additional

BG shall be borne by MDL and reimbursed against proof of payment.

39 We look forward to your participation in on-line bidding by offering your most competitive and

reasonable bid against this tender.

e-tender enquiry acceptance form is uploaded at Stage Name: Part-I (Techno Commercial Bid)

Yours faithfully, For MAZAGON DOCK SHIPBUILDERS LIMITED,

Saiprasad C. Waingankar

Manager (C-MP)

Enclosure - 1 : Illustrative format & guideline for quoting prices in online Price Bid.

Enclosure 1A Guidelines for EMD payment

Enclosure 2 Instruction for e-tendering.

Enclosure - 3 : Standard Terms & Conditions (STACS)

Enclosure - 4 : General Terms & Conditions (GT&C)

Enclosure - 5 : Loading Factors

Enclosure - 6 : Bank Guarantee Format for EMD

Enclosure - 7 : Bank Guarantee Format for SD

Enclosure - 8 : Bank Guarantee Format for PBG

Enclosure - 9 : MDL bank details for NEFT/RTGS EMD/SD transfer

Enclosure - 10 : Format of Letter of Credit

Note: * These documents to be down loaded from our Website. (www.mazdock.com Path Tenders

Ship Building-Material Purchase SB-MP STACS/Formats )


Enclosure-1

Illustrative format & guideline for quoting prices in online Price Bid

Below format of price bid will appear online. Indigenous bidders to follow instructions given in each

respective cell while quoting their cost in online price bid:

Item Sr. no. 1 to 3

Material Description As per clause No 1

Quantity As per clause No 1

Unit of measurement Set / AU

Currency INR, USD, GBP,EURO

For Indian Bidder Basic Unit Rate in INR only.

For Foreign Bidder CIF Rate to be entered by the foreign

currency

To be quoted

% of CGST+SGST or IGST on Basic rate To be quoted

Installation / Commissioning Charges To be quoted

% of CGST+SGST or IGST on Installation / Commissioning

Charges To be quoted


Enclosure -1A

Bidders can make online payment of EMD/Security deposit / Performance bank guarantee using

following links:- (i) Go to www.mazagondock.in

(ii) Click on online payment tab available on home page.

(iii) 4 options viz. career, tender, security, scrap/disposal will be available.

(iv) Click on the respective tabs (i.e tender) and make the payment online using debit cards,credit cards,

net banking, BHIM/UPI etc., after filling the required details.

In case bidder has any genuine difficulty with respect to online payment, the receipts through the

conventional method of NEFT/RTGS is also accepted.

Electronic Payment Mandate Form

(MDL Bank details)

Name of the Company/Firm Mazagon Dock Shipbuilders Ltd

Address with Phone no. Dockyard Road, Mumbai – 400010

E-Mail ID

Phone No. +91 22 23745310

Fax No.

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC / NEFT Code SBIN0009054

Bank Address MBPT Workshop building, N.V Nakhwa Road, Mazagon -

400010

City Name Mumbai

Telephone No. of Bank +91 22 23752802

9 digit code no. of bank &

branch appearing on the MICR cheque issued by your bank

400002120

Type of Account Current Account

Account No. 10005255246

Income Tax PAN No. AAACM8029J


ENCLOSURE – 2

Instructions to the Bidders for uploading the Techno-Commercial Bid and the Price Bid through E-

Procurement Portal:

•••• Official service provider for the website is

NIC,

E-mail: [email protected]

Office Ph. No.: 0120-4200462, 0120-4001002, Ph. No.: +91-8826246593

•••• Pre-requisites for up-loading the Techno-Commercial Bid

(i) Compatible computer hardware software set-up to access e-procure website.

(ii) “Digital Signature Certificate” class III B (DSC) is a must for downloading the tender and

uploading the techno commercial offer from our website http://eprocuremdl.nic.in.

(iii) “Digital Signature Certificate” class III B (DSC) can be obtained from our service provider.

•••• To ensure availability of above prerequisite is bidders responsibility

(i) It is mandatory to upload the complete techno-commercial offer and the price bid on e-

procurement.

(ii) No part of the bid other than original EMD (if applicable) shall be accepted physically / hard

copy outside e-procurement.

(iii) Price bids shall strictly be uploaded in appropriate / allotted place in the tender, available in e-procurement so that it remains secured encrypted unreadable in the system.

(iv) In no circumstances, the price bids shall be forwarded or uploaded in any other form.

(v) Entire responsibility of the uploading of the complete techno-commercial bid along with the

price bid shall be that of the bidder.

(vi) No request / complaint shall be entertained after the due date/time of the tender.

(vii) Non availability of any of the prerequisites or last minute calls seeking clarifications /

projecting problems shall not entitle a bidder to seek request for extension of due date.

(viii) Any problem with regard to uploading of the tender shall be intimated to NIC at least 24

hours in advance to the tender closing time & date. However, it will not be considered as

reason for extension of due date of the tender.

(ix) Request for extension, if at all to be made, shall be forwarded at least 3 working days in

advance to the tender closing date / time with proper reasoning. The request shall be put up

to the competent authority for consideration on the merit of the case. MDL reserves all rights

in this regard & decision of MDL shall be binding to the applicant.

It is important to note that the bidders can upload their bids right from the time the tender is

available at website. It is advisable that the bidder uploads the bid well in time rather than

wait till last minute to avoid situations wherein he is unable to successfully upload the bid for

various reasons which cannot be addressed then due to lack of time.

•••• Special instructions to Bidders for online bidding:

(i) Bidders should login well in advance to enable them to complete their bid submission before

the closing time of the tender.

(ii) Bidders should submit their bid well in advance to avoid last minute frantic calls.

(iii) Bidders should follow all the instructions enlisted on the front page of e-procure web page.

(iv) Bidders should ensure Hardware & Software compatibility as well as Digital Signature

available on front page of e-procure web site. Request for extension of due date shall not be

entertained due to non-availability of these tools.

•••• Bidders to participate in on-line bidding

(I) By registering with above referred portal for User ID and password.

(ii) By obtaining class III DSC (Digital Signature Certificate) for secured bidding


NOTE:In case any vendor intending to respond against the tender and is not having the DSC to

facilitate uploading of his bid, should approach the Service Provider atleast 10 working days in

advance of the tender closing date requesting DSC. The request so made to the Service Provider

should simultaneously be forwarded to MDL Dealing Officer. In case the DSC is not received within 3

to 4 working days, the GM (M) be informed and the DSC if not received from the Service Provider

three working days in advance, for suitable extension to tender closing date then only the tender due

date shall be considered.


Enclosure-3

STANDARD TERMS AND CONDITIONS (STACS)

101. The word 'Purchaser' refers to MAZAGON DOCK SHIPBUILDERS LIMITED, (MDL), a

Company registered under the Indian Companies Act, 1913 and it includes its successors or assignees.

102. The word 'Bidder/Vendor/Contractor' means the person / firm / Company who undertakes to

manufacture and or supply and or undertake work of any nature assigned by the Purchaser from time to

time and includes its successors or assignees.

103. The word 'Owner' means the person or authority with whom MAZAGON DOCK SHIPBUILDERS

LIMITED (Purchaser) has contracted to carry out work in relation to which orders are placed by the

Purchaser on the Bidder/Vendor/Contractor under this contract for supply or manufacture of certain

items and would include Department of Defence Production, Ministry of Defence, Government of India, the Indian Navy, the Coast Guard and any other specified authority.

120. GENERAL 121. UNLESS OTHERWISE INDICATED SPECIFICALLY BY THE BIDDER / CONTRACTOR IN

HIS BID, IT SHALL BE CONSTRUED AS HIS ACCEPTANCE OF ALL THE CONDITIONS

MENTIONED IN THIS STACS.

200. COMMUNICATION & LANGUAGE FOR DOCUMENTATION

201. Any letter, facsimile message, e-mail intimation or notice sent to the Bidder/Vendor/Contractor at the last known address mentioned in the offer / order shall be deemed to be valid communication for the

purpose of the order/contract. Unless stated otherwise by the purchaser, Language for communication & all documentation shall be same, which the Purchaser has used, in the tender enquiry.

210. PURCHASER’S PROPERTY

211. All property (such as materials, drawings, documents etc) issued by the Purchaser or any other individual or firm on behalf of the Purchaser in connection with the contract shall remain confidential,

being the property of the Purchaser and the Bidder/Vendor/Contractor shall undertake to return all such

property so issued and will be responsible for any or all loss thereof and damage thereto resulting from

whatever causes and shall reimburse the Purchaser the full amount of loss and damage.

212. On completion of work in any compartment / location of the purchaser’s premises, the

Bidder/Supplier/Contractor must ensure that the place is left in a reasonably clean state and all scrap is

transferred to nearby scrap-bins.

220. RISK PURCHASE 221. If the equipment / article / service or any portion thereof be not delivered / performed by the

scheduled delivery date / period, any stoppage or discontinuation of ordered supply / awarded contract

without written consent by Purchaser or not meeting the required quality standards the Purchaser shall be

at liberty, without prejudice to the right of the Purchaser to recover Liquidated Damages / penalty as provided for in these conditions or to any other remedy for breach of contract, to terminate the contract

either wholly or to the extent of such default. Amounts advanced or part thereof corresponding to the undelivered supply shall be recoverable from the Contractor / Bidder at the prevailing bank rate of

interest.

222. The Purchaser shall also be at liberty to purchase, manufacture or supply from stock as it deems fit, other articles of the same or similar description to make good such default and or in the event of the

contract being terminated, the balance of the articles of the remaining to be delivered there under. Any

excess over the purchase price, cost of manufacture or value of any articles supplied from the stock, as

the case may be, over the contract price shall be recoverable from the Bidder / Vendor / Contractor.


230. RECOVERY ADJUSTMENT PROVISIONS

231. Payment made under one order shall not be assigned or adjusted to any other order except to the extent agreed upon in writing by the Purchaser. During the currency of the contract, if any sum of money

is payable by the Bidder / Vendor / Contractor the same shall be deducted from any sum then due or

thereafter may become due to the Bidder / Vendor / Contractor under the contract or any other contract

with the Purchaser.

240. ADDITIONAL BANK GUARANTEE In case after opening of price bid of technically cleared firms, it is noted that L-1 firm has quoted very

low rates and indicates to withdraw from the tender then EMD shall be forfeited and firm may be given

tender holiday including intimation to other PSUs. If the rates quoted are less than MDL estimates by

40% or so and if the difference in rate between L1 and L2 is 30% or more then the firm will have to give

additional BG of 20% of the PO value as additional security. Bank charges for this additional BG shall be

borne by MDL and reimbursed against proof of payment.

250. INDEMNIFICATION 251. The Bidder / Vendor / Contractor, his employees, licencees, agents or Sub-Vendor / Sub-contractor,

while on site of the Purchaser for the purpose of this contract, indemnifies the Purchaser against direct damage and or injury to the property and or the person of the Purchaser or that of Purchaser's employees,

agents, Sub- Contractors / Suppliers occurring and to the extent caused by the negligence of the Bidder /

Vendor / Contractor, his employees, licencees, agents or Sub-contractor by making good such damages to

the property, or compensating personal injury and the total liability for such damages or injury shall be as

mutually discussed and agreed to.

260. TRANSFER OF VENDORS / CONTRACTOR’S RIGHTS: 261. The Bidder / Vendor / Contractor shall not either wholly or partly sell, transfer, assign or otherwise

dispose of the rights, liabilities and obligations under the contract between him and the Purchaser without prior consent of the Purchaser in writing.

270. SUBCONTRACT & RIGHT OF PURCHASER

271. The Bidder / Vendor / Contractor under no circumstances undertake or subcontract any work / contract from or to any other Sub-contractor without prior written approval of the Competent Authority

of Purchaser. In the event it is found that such practice has been indulged in, the contract is liable to be

terminated without notice and the Bidder / Vendor / Contractor is debarred all from future tender

enquiries / work orders. However, in no circumstances a contractor is permitted to subcontract any part of

the contract to the bidders who had quoted for the concerned tender.

280. PATENT RIGHTS 281. The Bidder / Vendor / Contractor shall hold harmless and keep the Purchaser indemnified against all

claims arising as a result of infringement of any patent / copy rights on account of manufacture, sale or

use of articles covered by the order.

290. AGENTS / AGENCY COMMISSION:

291. The seller confirms and declares to the buyer that the seller is the original manufacturer or

authorized distributor/stockiest of original manufacturer of the stores referred to in this contract and has not engaged any individual or firm, whether Indian or foreign whatsoever, to intercede, facilitate or in

any way to recommended to the Buyer or any of its functionaries, whether officially or unofficially , to the award of the Contract / Purchase order to the Seller; nor has any amount been paid, promised or

intended to be paid to any such individual or firm in respect of any such intercession, facilitation or recommendation. The Seller agrees that if it is established at any time to the satisfaction of the Buyer that

the present declaration is in any way incorrect or if at a later stage it is discovered by the Buyer that the Seller has engaged any such individual/firm, and paid or intended to pay any amount, gift, reward, fees,

commission or consideration to such person, party, firm or institution, whether before or after the signing

of this Contract / Purchase order, the Sellerwill be liable to refund that amount to the Buyer.


The seller will also be debarred from participation in any RFQ/Tender for new projects/program with

Buyer for a minimum period of five years.

The buyer will also have a right to consider cancellation of the Contract either wholly or in part, without

any entitlement or compensation to the Seller who shall in such event be liable to refund all payments

made by the buyer in terms of the Contract along with interest at the rate of 2% per annum above LIBOR

(London Inter Bank Offer Rate) (for foreign vendors) and base rate of SBI plus 2% (for Indian Vendors).

The Buyer will also have the right to recover any such amount from any contracts concluded earlier with

Buyer.

300. USE OF UNDUE INFLUENCE / CORRUPT PRACTICES:

301. The Bidder / Supplier / Contractor undertakes that he has not given, offered or promised to give,

directly or indirectly any gift, consideration, reward, commission, fees, brokerage or inducement to any

person in service of the Purchaser or otherwise in procuring the contract or forbearing to do or for having

done or forborne to do any act in relation to the obtaining or execution of the Contract with the Purchaser for showing or forbearing to show favour or disfavour to any person in relation to the Contract or any

other Contract with the Purchaser. Any breach of the aforesaid undertaking by the Bidder / Supplier / Contractor or any one employed by him or acting on his behalf (whether with or without the knowledge

of the Bidder / Supplier / Contractor) or the commission of any offence by the Bidder / Supplier /

Contractor or any one employed by him or acting on his behalf, as defined in Chapter IX of the Indian

Penal Code, 1980 or the Prevention of Corruption Act, 1947 or any other Act enacted or the prevention

of corruption shall entitle the Purchaser to cancel the contract and all or any other contracts with the

Bidder / Contractor / Supplier and recover from the Bidder / Supplier / Contractor the amount of any loss

arising from such cancellation. Decision of the Purchaser or his nominee to the effect that a breach of the undertaking has been committed shall be final and binding on the Bidder / Supplier / Contractor.

302. The Bidder / Supplier / Contractor shall not offer or agree to give any person in the employment of

Purchaser any gift or consideration of any kind as "Inducement" or "reward" for doing or forbearing to do or for having done or forborne to do any act in relation to the obtaining or execution of the contract/s.

Any breach of the aforesaid condition by the Bidder / Supplier / Contractor or any one employed by them or acting on their behalf (whether with or without the knowledge of the Bidder / Supplier / Contractor) or

the commission of any offence by the Bidder / Supplier / Contractor or by any one employed by them or

acting on their behalf which shall be punishable under the Indian Penal Code 1980 and/or the Prevention

of Corruption by Public Servants, shall entitle Purchaser to cancel the contract/s and all or any other

contracts and then to recover from the Bidder / Supplier / Contractor the amounts of any loss arising from

such contracts' cancellation, including but not limited to imposition of penal damages, forfeiture of

Security Deposit, encashment of the Bank Guarantee and refund of the amounts paid by the Purchaser.

303. In case, it is found to the satisfaction of the Purchaser that the Bidder / Supplier / Contractor has

engaged an Agent or paid commission or influenced any person to obtain the contract as described in

clauses relating to Agents / Agency Commission and use of undue Influence, the Bidder / Supplier /

Contractor, on a specific request of the Purchaser shall provide necessary information / inspection of the

relevant financial document / information.

310.IMMUNITY OF GOVERNMENT OF INDIA CLAUSE

311. It is expressly understood and agreed by and between M/s. (Bidder / Supplier / Contractor) and MAZAGON DOCK SHIPBUILDERS LIMITED, Dockyard Road, Mumbai - 400 010 (MDL) is entering

into this Agreement solely on its own behalf and not on the behalf of any person or entity. In particular, it is expressly understood and agreed that the Government of India is not a party to this Agreement and has

no liabilities, obligations or rights hereunder. It is expressly understood and agreed that MDL is an independent legal entity with power and authority to enter into contracts solely in its own behalf under

the applicable of Laws of India and general principles of Contract Law. The (Bidder / Supplier /

Contractor) expressly agrees, acknowledges and understands that MDL is not an agent, representative or

delegate of the Government of India. It is further understood and agreed that the Government of India is

not and shall not be liable for any acts, omissions and commissions, breaches or other wrongs arising out


of the contract. Accordingly, (Bidder / Supplier / Contractor) hereby expressly waives, releases and

foregoes any and all actions or claims, including cross claims, impleader claims or counter claims against the Government of India arising out of this contract and covenants not to sue Government of India in any

manner, claim, cause of action or thing whatsoever arising of or under this Agreement.

320. EXPORT LICENCE 321. The export licenses that may be required for delivery of the various items/equipment to MDL shall

be arranged by the Bidder / Supplier / Contractor from the concerned authorities in their country without

any time & cost implications on the Purchaser.

330. BANNED OR DE-LISTED CONTRACTORS / VENDORS. 331. The Bidder / Vendor / Contractor declares that they being Proprietors / Directors / Partners have not

been any time individually or collectively blacklisted or banned or de-listed by any Government or quasi

Government agencies or PSUs. If a bidder’s entities as stated above have been blacklisted or banned or

de-listed by any Government or quasi Government agencies or PSUs, this fact must be clearly stated and

it may not necessarily be a cause for disqualifying him.

340. DUTY OF PERSONNEL OF SUPPLIER/VENDOR 341. MDL being a Defence Organization, Bidder / Vendor / Contractor undertakes that their personnel

deployed in connection with the entrusted work will not indulge in any activities other than the duties

assigned to them.

350. DISPUTE RESOLUTION MECHANISM AND ARBITRATION

351.DISPUTE RESOLUTION MECHANISM (DRM)

i) Any dispute/differences between the parties arising out of and in connection with the contract shall be settled amicably by mutual negotiations.

ii) In case of non-settlement by (i) above, if at any time, before, during or after the contract period any unsettled claim, dispute or difference arose between the parties, upon or in relation to or in connection

with or in any way touching or concerning this tender/agreement/order/contract, the same shall be referred to the concerned Functional Director.

The Functional Director shall then nominate an Executive of the rank of General Manager whom he thinks fit and competent or a Committee of Executives who/which shall then scrutinise the

claims/disputes that have been referred to the concerned functional Director and make efforts for

amicable settlements by mutual discussions/negotiations.

iii) In case no amicable settlement is arrived by (ii) above within a period of three months, then the

contractor shall approach Public Grievance Cell and address the disputes as per the provisions made

under the relevant clause of the contract.

iv) In case the issues/disputes do not get settled within a period of six months from the date of

submission of the dispute to the Grievance Cell, then the contractor may invoke Arbitration Clause of the

contract.

352.ARBITRATION: Unresolved disputes/differences, if any, shall then be settled by arbitration. The

Arbitration proceedings shall be conducted at Mumbai, India, in English Language, under the Arbitration

& Conciliation Act, 1996.

MDL prefers to have arbitration through Institutes such as Indian Council of Arbitration (ICA)/ICA-DR, with the mutual consent of the parties.

353. In case of unresolved difference/dispute between the Purchaser and Supplier, being Central Public

Sector Enterprises/Central Govt. departments, the disputes shall be resolved firstly through mutual discussion or through the empowered agencies of the Govt. or through arbitration by reference by either

party to the department of Public Enterprises, as per extant guidelines. If disputes/differences remain unresolved/unexecuted, the same shall be referred first to the Cabinet Secretariat and then, if necessary to

the PMO.

354. Any changes to arbitration clause must be vetted by HOD (Legal) before incorporation in

contract/PO.


360. JURISDICTION OF COURTS 361. All contracts shall be deemed to have been wholly made in Mumbai and all claims there under are

payable in Mumbai City and it is the distinct condition of the order that no suit or action for the purpose

of enforcing any claim in respect of the order shall be instituted in any Court other than that situated in

Mumbai City, Maharashtra State, India i.e. courts in Mumbai shall alone have jurisdiction to decide upon

any dispute arising out of or in respect of the contract.

-----------------------


Enclosure-4

GENERAL TERMS & CONDITIONS (GT&C)

A10. Blank

A20. SECURITY DEPOSIT A21. The successful bidder shall submit a Security Deposit @ 5 % of the contract / order value

(excluding taxes, duties, freight, service component) of the Order in the form of Demand Draft / Bank

Guarantee in the prescribed format in favour of Purchaser within 25 days from date of Contract. The

Security Deposit will be returned only after the successful execution of the order / contract. Refund of

Security Deposit whenever considered admissible by the Purchaser, shall be without interest only.

A30. FORFEITURE OF EMD / BID BOND A31. In cases of withdrawal of bid during validity period or during any extension granted thereof, non

acceptance of agreed conditions of Technical and or Commercial and or Price Negotiations, non-

submission of the security deposit and / or non-acceptance of the order the EMD or bid security will be

forfeited or encashed as the case may be.

A40. FORFEITURE OF SECURITY DEPOSIT A41. Non-performance of agreed terms and or default/breach by Bidder/Vendor/Contractor will result in

forfeiture of security deposit with application of risk purchase provisions as felt appropriate by the Purchaser.

A50. FORFEITURE OF PERFORMANCE GUARANTEE A51. In the event of Bidder/Vendor/Contractor failure to attend the Guarantee defects within a reasonable

period of time, the Performance Bank Guarantee will be encashed by the Purchaser. The Purchaser’s decision shall be final and binding on Bidder/Vendor/Contractor

A60. SUPPLIES A61. The equipment / products / items / Services to be supplied shall be strictly in accordance with the

Drawings / Specifications / Requirements indicated in the Tender Enquiry / Order with deviations, if any,

as mutually accepted.

A70. PROGRESS REPORTING & MONITORING A71. Where so stipulated in the order, the Bidder / Supplier / Contractor shall render such reports from

time to time as regards the progress of the contract and in such a form as may be called for by the

Purchaser.

A80. CANCELLATION OF ORDER A81.The Purchaser reserves the right to cancel an order forthwith without any financial implications on

either side, if on completion of 50% of the scheduled delivery/Completion period the progress of

manufacture/Supply is not to the satisfaction of Purchaser and failure on the part of the

Bidder/Vendor/Contractor to comply with the delivery schedule is inevitable. In such an event the

Bidder/Vendor/Contractor shall repay all the advances together with interest at prevailing bank rates from

the date of receipt of such advances till date of repayment. The title of any property delivered to Purchaser will be reverted to the Bidder/Vendor/Contractor at his cost.

A82. In case of breach / non-compliance of any of the agreed terms & conditions of order / contract.

MDL reserves the right to recover consequential damages from the vendor / contractor on account of such premature termination of contract.

A83. In case of delay beyond agreed period for liquidated damages or 10weeks from contractual delivery

period whichever is earlier, MDL reserves the right to cancel the order and procure the order items /

services from any available source at MDL’s option & discretion and entirely at your risk and cost. Extra

expenditure incurred by MDL in doing will be recoverable from Bidder/ Supplier/ Contractor.


A90. # PRESERVATION AND MAINTENANCE A91. Should any material require any preservation till its final installation/fitment, the detailed procedure

(Long term & short term) for the same as also the time of interval after which the state of preservation

needs to be reviewed is to be stated by the Bidder/Vendor/Contractor.

A92. Further the de-preservation prior to the material/equipment being commissioned and the

maintenance procedure together with its periodicity is also to be indicated by the Bidder / Vendor /

Contractor.

A93. The Bidder / Vendor / Contractor in their offer must confirm that indigenous oil; lubricants and

preservatives, etc. can be used in the equipment. The bidder must also give assurance that the equipment

performance will not be downgraded by use of indigenous equivalents

A100. FREIGHT & INSURANCE

A101.For Indigenous Bidders: In cases where the offers are for 'Door Delivery to Purchaser,' transit

freight & Insurance charges shall be borne by the Bidder / Supplier / Contractor. In other agreed cases of

Ex-works / Ex-Transporter's warehouse or Railway go down offers, the Bidder / Supplier / Contractor on

dispatch, shall give details of materials with dispatch particulars and their value in time to Purchaser's

Insurance Company on the contact details as provided in the order. In such agreed cases, the freight &

insurance charges will be paid by the purchaser directly to the parties concerned.

A102.For Foreign Bidders: For overseas supplies on CIF port of dispatch basis, Transit Insurance shall

be arranged by the Purchaser. The Bidder / Supplier / Contractor shall immediately on dispatch of

the items, inform all relevant details of dispatch such as Order number, Bill of Lading/AWB

number marked as Freight Paid, Insurance policy/document, number of packages, value of

consignment, invoice number in time directly to Purchaser's Insurance company & Purchaser on

the contact details as provided in the order. In case of delivery term other than CIF/CIP, the

freight & insurance charges will be paid by the purchaser directly to the parties concerned.

A110. TAXES & DUTIES / STATUTORY LEVIES A111. Taxes and duties applicable, if any, shall be regularized by MDL by issuing necessary exemption

certificates in respect of procurement for Defence Projects. Bidder shall indicate separately the GST and

duties applicable in their offer. When the items qualify for exemption partly/fully but the supplier did not

avail of the same, the amount of taxes and duties on such supplies shall be to supplier’s account. In cases

where exemption certificates are not issued for any reason, taxes shall be paid as indicated in the Purchase Order/Contract. Tax deduction at source will be effected wherever applicable (e.g. TDS under

Income Tax Act, TDS on Works Contract under GST Act etc.) from the bills of the Supplier as per statutes.Similarly, where payment of Custom duty is agreed to and stipulated in the Purchase Order /

Contract, the same will be paid by the Purchaser on receipt of supplier’s bills along with Custom Certified Duty Paid Challan-Money Receipt in original or carbon copy as relevant. These Challans/

Receipts, Bill of Entry are to be drawn/ issued in the name of ‘MAZAGON DOCK SHIPBUILDERS LIMITED’ only. Where payment of GST is agreed to and stipulated in the Purchase Order / Contract, the

same will be paid by the Purchaser on the basis of Suppliers' TAX INVOICE wherein the GST Number

along with HSN / SAC code is indicated in the Invoice.

A120 DEMURRAGE A121. Storage and Demurrage charges will be payable by the Bidder / Vendor / Contractor for all

shipments that reach purchaser without proper dispatch documentations, Lorry Receipts not accompanied

by packing lists, invoices etc. The Supplier shall be responsible for fines due to errors or omissions in

description, weight or measurements and for increased handling charges due to improper packing.

A130. INSPECTION, TESTING A131.The ordered items will be inspected either by Classification Society / Nominated Agency and or by

Inspection Officer nominated by Purchaser at stages defined in the tender / Purchase Order or as agreed

to be defined subsequently in terms of the Purchase Order.


A132. The decision of the Inspecting Authority or their representatives, as the case may be, on any question of the intent, meaning and the scope of Specifications / Standards shall be final, conclusive and

binding on the Bidder/ Vendor / Contractor.

A133. The Bidder / Vendor / Contractor shall accord all facilities to Purchaser's Inspectors / Nominated

Agency to carry out Inspection / Testing during course of manufacture / final testing.

A140. RECEIPT INSPECTION BY MDL

A141. MDL shall carry out necessary inspection of the items on receipt, on the basis of an appropriate

quality assurance system and inspection system requirements along with representative of the Owner.

Any objection raised by MDL Quality Control Team against quality of materials or workmanship shall be

satisfactorily corrected by the Contractor at his expense including replacement as may be required within

shortest possible time within 30 days. Items damaged during transit shall also be rectified / replaced by

the Contractor within shortest possible time, payment for which shall be made at mutually agreed rates .

A150. REJECTION OF MATERIALS A151. Should the articles, or any portion thereof of the equipment be found defective / rejected, the

Bidder / Vendor / Contractor shall collect the same from the Purchaser's Stores, all incidental charges

being borne by him (inclusive of Custom duty, if payable), within 30 days from the date of intimation to

the Bidder / Vendor / Contractor of such rejection. The Purchaser reserves the right to dispose of the

rejected items at the end of a total period of 90 days in any manner to the best advantage to the Purchaser

and recover storage charges and any consequential damages, from sale proceeds of such disposal.

A160. # TECHNOLOGICAL DEVELOPMENTS / MODIFICATIONS

A161. The Bidder / Supplier / Contractor shall unconditionally and free of cost to the Purchaser transfer

information on technological developments / innovations / modifications which the Bidder/Supplier /

Contractor would evolve in future (within 3 years) in relation to the supplied equipment. To enable this,

the Purchaser's address shall be added to the Bidder / Supplier / Contractor’s mailing list or database or

any other document maintained for dissemination of product information and the Purchaser shall be

informed of the action taken in this regard. If such improvements / modifications are brought in by the

Bidder / Supplier / Contractor’s Design Department in the course of manufacture of equipment ordered

by the Purchaser, the Bidder / Supplier / Contractor shall incorporate such improved versions in the

equipment without any extra cost to the Purchaser under Purchaser’s prior consent.

A162. If the Purchaser be desirous of getting incorporated all post supply modifications / improvements

arising out of technological developments to the original equipment supplied by the Bidder / Supplier /

Contractor, the Bidder / Supplier / Contractor, shall quote for and carry out all such modifications to the

equipment.

A163. Where the whole or a portion of the equipment has been specifically developed by the Bidder /

Supplier / Contractor for the Owner and the latter would through the Purchaser be bearing the entire or part of the development cost incurred by the Bidder / Supplier / Contractor, the design rights for the

whole or portion thereof, of the equipment as appropriate, shall vest in the Owners.

A164. Prior approval of the Owner should be obtained before similar articles are sold / supplied to any other party other than the Owner. If such approval is given and sale is effected, the Bidder / Supplier /

Contractor shall pay to the Owner royalty at the rate mutually agreed to.

A165. The Sub-contractor / Supplier / Supplier shall continue to support the equipment for a minimum period of 20 years from the date of supply by making available spare parts and assemblies of the

equipment supplied. Should the Sub-contractor / Supplier / Supplier decide to discontinue the product,

for any reason whatsoever, adequate notice shall be given to the Purchaser / Owner to enable

procurement of the requisite lifetime spares.

A170. PURCHASER’S RIGHT TO ACCEPT ANY BID, PART OF BID AND TO REJECT ANY

OR ALL BIDS.


A171. The Purchaser reserves the right to accept and or reject any or all tenders and or to withdraw the

tender in Toto and or award the contract / order in full or part to more than one vendor / contractor without assigning any reason whatsoever and without thereby incurring any liability to the affected

Bidder or Bidders or any obligations to inform the affected Bidder or Bidders of the grounds for MDL

action.

A180. # BANK GUARANTEE / INSURANCE COVER FOR FREE ISSUE MATERIAL

A181. The Bidder / Supplier / Contractor shall furnish Bank Guarantee / insurance Cover equivalent to the value of materials supplied by MDL free of cost valid up to the execution of the contract / delivery of

material, inspected / accepted and receipt at MDL together with the material reconciliation statement

whichever is later.

A190. BIDDER’S RESPONSE IN CASE OF NO PARTICIPATION

A191. The Sub-contractor / Supplier / Vendor shall inform the Purchaser in advance in case he is unable to participate in the tender for whatsoever reason. Failure to comply with this will be viewed seriously

and consecutive three failures on the part of Sub-contractor / Supplier / Vendor to do so is liable for

disqualification / debarring of the Sub-contractor / Supplier / Vendor from all future tender enquiries and

or delisting from the list of 'Approved Registered Vendors.

A230. PREFERENCETIAL PURCHASE FROM MSE VENDORS – Not Applicable

MDL has right to place order on MSE firm meeting following criteria:

In tenders, if participating MSEs quoted prices are within price band of L1+15%, such MSEs shall also be allowed to supply a portion up to 20% of requirement by bringing down their prices to L1 price where

L1 is non MSEs. If more than 1 MSEs fall under such criteria, then this 20% shall be distributed proportionally. This preference shall not be applicable where MSE firm is L1 firm. % out of 20 percent

target of annual procurement from Micro and Small Enterprises, a sub-target of 20 percent (i.e. 4 percent out of 20 percent) shall be earmarked for procurement from Micro and Small Enterprises owned by the

Scheduled Caste or the Scheduled Tribe Entrepreneurs. In respect of items reserved for MSE, extant guidelines shall be followed. Presently Circular No. S.O. 581(E) dated 23.03.2012 is applicable.

------------------------


Enclosure-5

LOADING FACTORS FOR RANKING OF BIDS

(ILLUSTRATIVE FORMAT)

A

Sr.No. Description Foreign

Supplier with

100% Import

Content

Indigenous

Supplier with part

Import Content

Indigenous

Supplier without

Import Content

1

Basic price Quoted

CIF

a) Ex Works

b) Delivered to MDL

stores

a) Ex Works

b) Delivered to MDL

stores

2

Add: insurance charges

Nil

In case of 1(a)

In case of 1(a)

3 Add Sea/Air Freight charges /

Inland Road Transport

Nil

In case of 1(a)

In case of 1(a)

4 Customs Clearance / Port

Handling / Transportation to

Yard

Applicable

NIL

NIL

5 Cost (ex-MDL) excluding

taxes & duties without

loading towards any

deviations

CIF price +

Sr.No.4

Sr. Nos. (1+2+3)

Sr.Nos. (1+2+3)

B Loading due to variations in Financial Term.

Sr.No. Description Foreign Supplier Indigenous Supplier

6 Variation in payment Terms

7 Income Tax & Service Tax on

Technical Services / Service

engineers liability to MDL.

8 Production Norms such as Scrap %,

output-input ratio

9 Base date for price variation clause

10 Cost (ex-MDL) excluding taxes &

duties after loading for variations in

financial term.

Sr. Nos. 5 + 6+7+8+9

C Loading on Account of deviations in following commercial terms


11 Security Deposit / Contract

performance guarantee.

Mandatory

12 Equipment Performance guarantee Mandatory

13 Additional delivery period sought

over stipulated period as per Tender

14 Additional time sought for

supplying binding data.

15 Liquidated damages per week rate /

maximum ceiling

16 Warranty / Guarantee

17 Cost (ex-MDL) excluding taxes &

duties after loading for variations

on account of financial and

commercial terms.

Sr. Nos. 10 +11+ 12 +13 +14 +15 +16

D. Landed Cost:


18 GST

19 Landed Cost Sr.Nos.17+18


Enclosure-6

PROFORMA BANK GUARANTEE FOR BID BOND / EMD

(On Non-Judicial stamp paper of value Rs. 100/-)

IN CONSIDERATION OF MAZAGON DOCK SHIPBUILDERS LIMTED, a company incorporated

under the Companies Act 1956 and having its registered office at Dockyard Road, Mumbai 400010 (hereinafter referred to as the “the Company” which expression shall, unless it be repugnant or contrary

to the subject or context thereof, be deemed to mean and include its successors and assigns) having

agreed to accept the Earnest Money Deposit (EMD) of Rs--------------------------- -------(Rupees------------

-----------------only) in the form of Bank Guarantee from Messers ............................ a partnership

firm/sole proprietor business/a company registered under the Companies Act, 1956 having its office at

...............................(hereinafter called " the tenderer" which expression shall, unless it be repugnant or

contrary to the subject or context thereof, be deemed to mean and include its successors and assigns) for

participating in the Tender no..................................dated.............. (hereinafter called "the tender" which

expression shall include any amendments/alterations to "the tender" issued by "the Company") for the

supply, delivery at site, installation and commissioning of certain equipment, item/services/civil works

etc., We, ........................... ......................... Bank having office at ............................................ (hereinafter

referred to as “the Bank” which expression shall include its successors and assigns) hereby agree to pay to the Company without any demur on first demand an amount not exceeding Rs...................

(Rupees.............................only) against any loss or damage, costs, charges and expenses caused to or suffered by the Company by reason of non performance and non-fulfilment or for any breach on the part

of the tenderer of any of the terms and conditions of the said tender.

2. We, ............................. Bank further agree that the Company shall be sole judge whether the said tenderer has failed to perform or fulfil the said tender in terms thereof or committed breach of any terms

and conditions of the tender the extent of loss, damage, cost, charges and expenses suffered or incurred or would be suffered or incurred by the Company on account thereof and we waive in the favour of the

Company all the rights and defences to which we as guarantors may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by the Company as such shall

be final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank

undertake to pay the Company the amount so demanded on first demand and without any demur

notwithstanding any dispute raised by the tenderer or any suit or other legal proceedings including

arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under this

guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with the Company that the Company shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary any of the terms and conditions of the said tender/or to extend time of performance by the tenderer from

time to time or to postpone for any time to time any of the powers exercisable by the Company against the tenderer and to forbear to enforce any of the terms and conditions relating to the tender and we shall

not be relieved from our liability by reason of any such variation or extension being granted to the tenderer or for any forbearance, act or omission on the part of the Company or any indulgence by the

Company to the tenderer or by any such matter or things whatsoever which under the law relating to sureties would have the effect of relieving us.

5. We, ........................................ Bank further undertake not to revoke this guarantee during its currency

except with the previous consent of the Company in writing.

6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not

be affected by any change in the constitution of the tenderer or dissolution or winding up of the business

of the tenderer.

7. Notwithstanding anything contained herein above:


i) Our liability under this guarantee shall not exceed Rs..........

ii) This Bank Guarantee shall be valid upto and including .......; and iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and

only if you serve upon us a written claim or demand on or before ………(validity + --- weeks from the

date of expiry of this guarantee).

8. This Guarantee shall be governed by Indian laws and the Courts at Mumbai, India shall have the

exclusive jurisdiction.

IN WITNESS WHEREOF the Bank has executed this document on this............................. day

of ...........................

For ........................ Bank

(by its constituted attorney

or the person authorized to sign)

(Signature of a person authorized

to sign on behalf of "the Bank")


Enclosure-7

PROFORMA BANK GUARANTEE FOR SECURITY DEPOSIT (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs. 100)


under the Companies Act 1956 and having its registered office at Dockyard Road, Mumbai 400010

(hereinafter referred to as the “the Purchaser” which expression shall, unless it be repugnant or contrary


placed an order on Messers ............................ a partnership firm/sole proprietor business/a company registered under the Companies

Act, 1956 having its office at ...............................(hereinafter called " the Contractor/ Supplier" which expression shall, unless it be repugnant or contrary to the subject or context thereof, be deemed to mean

and include its successors and assigns) vide order No....................... dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations to "the order" issued by "the

Purchaser") for the supply , delivery at site, installation and commissioning of certain equipment, item/services/civil works etc. as stated in the said Order and the Purchaser having agreed with the

Contractor/Supplier to accept a Bank Guarantee in lieu of Security Deposit payable under the said order

for the fulfilment and performance of the said order, We, .................................................... Bank having

office at ............................................ (hereinafter referred to as "the Bank" which expression shall include

its successors and assigns) hereby agree to pay to the Purchaser without any demur on first demand an

amount not exceeding Rs........... (Rupees.............................only) being 5% of the order value against any

loss or damage, costs, charges and expenses caused to or suffered by the Purchaser by reason of non

performance and non-fulfilment or for any breach on the part of the Contractor / Supplier of any of the

terms and conditions of the said order.

2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said

contractor/Supplier has failed to perform or fulfil the said order in terms thereof or committed breach of

any terms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered

or incurred or would be suffered or incurred by the Purchaser on account thereof and we waive in the favour

of the Purchaser all the rights and defences to which we as guarantors may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by the Purchaser as such shall be final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank

undertake to pay the Purchaser the amount so demanded on first demand and without any demur notwithstanding any dispute raised by the Contractor/Supplier or any suit or other legal proceedings

including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under

this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with the Purchaser that the Purchaser shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary

any of the terms and conditions of the said order/or to extend time of performance by the Supplier from

time to time or topostpone for any time to time any of the powers exercisable by the Purchaser against the

Contractor/ Supplier and to forbear to enforce any of the terms and conditions relating to the order and

we shall not be relieved from our liability by reason of any such variation or extension being granted to

the Contractor/ Supplier or for any forbearance, act or omission on the part of the Purchaser or any

indulgence by thePurchaser to the Contractor/Supplier or by any such matter or things whatsoever which

under the law relating to sureties would have the effect of relieving us.


except with the previous consent of the Purchaser in writing.

6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not be affected by any change in the constitution of the Contractor / Supplier or dissolution or winding up of

the business of the contractor/ supplier.




ii) This Bank Guarantee shall be valid upto and including .......; and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and

only if you serve upon us a written claim or demand on or before ………….(validity + ---weeks from the


8. This Guarantee shall be governed by Indian laws and the Courts at Mumbai, India

shall have the exclusive jurisdiction.

IN WITNESS WHEREOF the Bank has executed this document on

this............................. day of ........................... For ........................ Bank

(by its constituted attorney)

(Signature of a person authorised

to sign on behalf of "the Bank")


Enclosure-8

PROFORMA BANK GUARANTEE FOR PERFORMANCE (ILLUSTRATIVE FORMAT)

(On Non-Judicial stamp paper of value Rs. 100/-)


under the Companies Act 1956 and having its registered office at Dockyard Road, Mumbai 400010

(hereinafter referred to as the “the Purchaser” which expression shall, unless it be repugnant or contrary


placed an order on Messers ........................... a partnership firm/sole proprietor business/a company

registered under the Companies Act, 1956 having its Registered office at ...............................(hereinafter

called the Contractor/ Supplier which expression shall, unless it be repugnant or contrary to the subject or

context thereof, be deemed to mean and include its successors and assigns) vide order No.......................

dated.............. (hereinafter called "the order" which expression shall include any amendments/alterations

to "the order" issued by "the Purchaser") for the supply , delivery at site, installation and commissioning

of certain equipment, item/services/civil works etc. as stated in the said Order and the Purchaser having agreed that the Contractor / Supplier shall furnish a security for the performance of the Contractor’s /

Supplier's obligations and/or discharge of the Contractor’s / Supplier's liability in connection with the said order and the Purchaser having agreed with the Contractor/Supplier to accept a performance

guarantee, We, .................................................... Bank having office at ............................................

(hereinafter referred to as "the Bank" which expression shall includes its successors and assigns) hereby

agree to pay to the Purchaser without any demur on first demand an amount not exceeding Rs...........

(Rupees.............................only) being 10% of the order value against any loss or damage, costs, charges

and expenses caused to or suffered by the Purchaser by reason of non-performance and non-fulfilment or

for any breach on the part of the Contractor / Supplier of any of the terms and conditions of the said order.

2. We, ............................. Bank further agree that the Purchaser shall be sole judge whether the said

Contractor/Supplier has failed to perform or fulfil the said order in terms thereof or committed breach of any terms and conditions of the order and the extent of loss, damage, cost, charges and expenses suffered

or incurred or would be suffered or incurred by the Purchaser on account thereof and we waive in the favour of

the Purchaser all the rights and defences to which we as guarantors may be entitled to.

3. We, ................................. Bank further agree that the amount demanded by the Purchaser as such shall

be final and binding on the Bank as to the Bank 's liability to pay and the amount demanded and the Bank

undertake to pay the Purchaser the amount so demanded on first demand and without any demur

notwithstanding any dispute raised by the Contractor/Supplier or any suit or other legal proceedings

including arbitration pending before any court, tribunal or arbitrator relating thereto, our liability under

this guarantee being absolute and unconditional.

4. We, .................................. Bank further agree with the Purchaser that the Purchaser shall have the

fullest liberty without our consent and without affecting in any manner our obligations hereunder to vary

any of the terms and conditions of the said order/or to extend time of performance by the Supplier from

time to time or to postpone for any time to time any of the powers exercisable by the Purchaser against the Contractor/Supplier and to forbear to enforce any of the terms and conditions relating to the order and

we shall not be relieved from our liability by reason of any such variation or extension being granted to the Contractor/ Supplier or for any forbearance, act or omission on the part of the Purchaser or any

indulgence by the Purchaser to the Contractor/Supplier or by any such matter or things whatsoever which under the law

relating to sureties would have the effect of relieving us.


except with the previous consent of the Purchaser in writing.


6. We, ......................................... Bank also agree that the Bank’s liability under this guarantee shall not

be affected by any change in the constitution of the Contractor / Supplier or dissolution………………………………………………



ii) This Bank Guarantee shall be valid upto and including .......; and

iii) We are liable to pay the guarantee amount or any part thereof under this Bank Guarantee only and

only if you serve upon us a written claim or demand on or before ……… (validity + ---weeks from the


8. This Guarantee shall be governed by Indian laws and the Courts at Mumbai, India shall have the

exclusive jurisdiction.

IN WITNESS WHEREOF the Bank has executed this document on

this............................. day of ...........................

For ........................ Bank

(by its constituted attorney)

(Signature of a person authorised to sign on behalf of "the Bank")


Enclosure-9

Electronic Payment Mandate Form

(MDL Bank details)

Name of the Company/Firm Mazagon Dock Shipbuilders Limited

Address with Phone no. Dockyard Road, Mumbai – 400010

E-Mail ID

Phone No. +91 22 23745310

Fax No.

Particulars of Bank Account

Name of the Bank State Bank of India

Name of the Branch Mazagon Dock Mumbai Branch

Branch Code 9054

Bank IFSC / NEFT Code SBIN0009054

Bank Address MBPT Workshop building, N.V Nakhwa Road, Mazagon -

400010

City Name Mumbai

Telephone No. of Bank +91 22 23752802

9 digit code no. of bank &

branch appearing on the MICR cheque issued by your bank

400002120

Type of Account Current Account

Account No. 10005255246

Income Tax PAN No. AAACM8029J


Enclosure-10

LETTER OF CREDIT FORMAT FOR SHIPMENT BY SEA / AIR

40A Form of Documentary Credit Type : IRREVOCABLE

20 Transaction Reference Number

Documentary Credit Number

:

31C Date of Issue

Date

:

31D Date and Place of Expiry

Date

:

Place : NEGOTIATING BANK

51A Applicant Bank

BIC

:

BANKERS OF MDL,MUMBAI

50 Applicant

Name & Address

:

MAZAGON DOCK SHIPBUILDERS LTD.

DOCKYARD ROAD,

MAZAGON,

MUMBAI – 400 010

59 Beneficiary

Name & Address

:

32B Currency Code, Amount :

Currency :

Amount :

39A Percentage Credit Amount Tolerance

Tolerance 1

:

Tolerance 2 :

41D Available with …By….

Name & Address

:

42C Draft at ….

Narrative

:

SIGHT/NEGOTIATION

42D Drawee

Name & Address

:

BANKERS OF MDL,MUMBAI

43P Partial Shipments

Narrative

:

ALLOWED/NOT ALLOWED

43T Transhipment Narrative

:

ALLOWED/NOT ALLOWED

44A Loading on Board / Dispatch

Narrative

:

AIRPORT / SEAPORT (AS PER TENDER

ENQUIRY/ORDER)

44B For Transportation to

Narrative

:

AIRPORT / SEAPORT (AS PER TENDER

ENQUIRY/ORDER)

44C Latest Date of Shipment

Date

:

46A Documents required

Narrative

:

(AS PER TENDER ENQUIRY)

47A Additional conditions

Narrative.

:

1. ALL DOCUMENTS SHOULD BE MARKED

WITH IEC CODE NO.0388070412, LC NO.

AND DATE AND IMPORT UNDER NON-

NEGATIVE LIST OF IMPORT EXPORT.

POLICY AM

2. DISCREPANT DOCUMENTS TO BE SENT

STRICTLY ON COLLECTION BASIS.

71B Details of charges

Narrative

:

ALL FOREIGN BANK CHARGES OUTSIDE

INDIA ARE FOR THE BENEFICIARY’S

ACCOUNT.


48 Period for presentation

Narrative

:

WITHIN ----- DAYS FROM THE DATE OF

BILL OF LADING /AIRWAY BILL.

49 Confirmation instructions

Instruction

:

WITHOUT

53D Reimbursing Bank

Name & Address

:

BANKERS OF MDL WILL SPECIFY

78 Instructions to the Paying/ Accepting

Bank

Narrative

:


72 Sender to Receiver Information

Narrative

:
